Trujillo v. City of Hobbs et al

Filing 64

ORDER granting in part and denying in part 51 Plaintiff's Motion, Pursuant to Federal Rule of Civil Procedure 56(d), for Limited Discovery by Chief Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
NATHANIEL TRUJILLO,
Plaintiff,
v.

CV No. 17-53 MV/CG

CITY OF HOBBS, et al.,
Defendants.

ORDER GRANTING IN PART PLAINTIFF’S RULE 56(d) MOTION
THIS MATTER is before the Court on Plaintiff’s Motion, Pursuant to Federal Rule
of Civil Procedure 56(d), For Limited Discovery, (Doc. 51), filed September 13, 2017;
Defendants’ Response to Plaintiff’s Motion For Limited Discovery, (Doc. 56), filed
October 3, 2017; and Plaintiff’s Reply in Support of His Motion, Pursuant to Federal
Rule of Civil Procedure 56(d), For Limited Discovery, (Doc. 58), filed October 20, 2017.
The Motion was referred to the undersigned on September 10, 2018. (Doc. 61).The
Court, having considered the Motion, the briefing of the parties, and the remarks of
counsel at a telephonic hearing held on September 24, 2018, finds that the Motion shall
be GRANTED IN PART.
IT IS THEREFORE ORDERED that Plaintiff’s Motion, Pursuant to Federal Rule
of Civil Procedure 56(d), For Limited Discovery, (Doc. 51), is GRANTED IN PART as
follows:
1. Plaintiff’s request for the forensic testing and evidence gathered by the New
Mexico State Police is MOOT based on the parties’ representations at the
September 24, 2018 hearing that this evidence has been produced in full;

2. Plaintiff’s request to depose New Mexico State Police Agents Vargas,
Massis, and Lucero is DENIED; and
3. Plaintiff’s request to depose witnesses Kyle Laughrin and Adam
McGranahan, New Mexico State Police Agent Newman, and City of Hobbs
Police Officers Evans, Rojas, and Moen is GRANTED. Plaintiff shall depose
these individuals by December 31, 2018, and the depositions of Officers
Evans, Rojas, and Moen shall be no longer than thirty (30) minutes each.
IT IS FURTHER ORDERED that Plaintiff’s response to Defendants’ Motion For
Summary Judgment And Memorandum in Support, (Doc. 35), is due by January 18,
2019. Defendants may file a reply to their motion for summary judgment by February
1, 2019.
IT IS SO ORDERED.

_
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE

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