Free Motion for Extension of Time - District Court of Colorado - Colorado

Case 1:04-cv-01275-OES-PAC

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-B-1275 (PAC) ______________________________________________________________________________ CRAIG D. SYRIE, Plaintiff, v. MAYOR ED TAUER, COUNTY, CITY COMMISSIONERS ­ JOHN AND JANE DOES, AURORA POLICE CHIEF ­ JOHN AND JANE DOE SERGEANT GRAHAM, OFFICER HIRTLE, OFFICER ZIUS, and OFFICER SLOAN, Defendants. ______________________________________________________________________________ DEFENDANT CITY OF AURORA'S FIRST SET OF DISCOVERY TO PLAINTIFF ______________________________________________________________________________

Defendant City of Aurora, by and through its attorneys of record, Charles H. Richardson and Julia A. Bannon, hereby submits the following Requests for Admissions, Interrogatories and Requests for Production of Documents to Plaintiff Craig D. Syrie.

NOTICE OF DUTY TO SUPPLEMENT RESPONSES Pursuant to Rule 26(e) of the Federal Rules of Civil Procedure, a party is under a duty seasonably to supplement or correct discovery responses to include information thereafter acquired if ordered by the Court or when the party learns that his prior response to an

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interrogatory, request for production, or request for admission is in some material respect incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing.

DEFINITIONS 1. 2. The term "Plaintiff" refers to Craig D. Syrie. The terms "you" and "yours," when used in these interrogatories, are intended to

and shall embrace and include, in addition to the named Plaintiff, counsel for said Plaintiff, all agents, servants, employees, representatives, private investigators, and others who are in possession of or who may have obtained information for or on behalf of the named Plaintiff. 3. The terms "incidents" or "occurrences," when used in these discovery requests,

shall refer to the incidents or occurrences which occurred on or about November 3, 2003. 4. The term "document" shall mean any handwritten, typewritten, printed, recorded,

or graphic material in any form, including originals, copies and drafts, including without limitation correspondence, minutes of meetings, written memoranda or communications, transcripts or testimony, studies, reports, notes, notebooks, telephone message slips, diaries, computer diskettes or printouts, contracts, work papers, microfilm, or microfiche, together with all other items which are subject to request for production pursuant to Rule 34 of the Federal Rules of Civil Procedure. 5. The term "all documents" means every document as above defined and known to

Plaintiff and every such document which can be located or discovered by diligent efforts.

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6.

As used herein, the terms "identify" or "identity," when used in reference to (a) a

natural individual, require you to state his or her full name and residential and business address; (b) a document, letter or memorandum, require you to state its title, its date, the name or names of its authors and recipients, and its present location and custodian; and (c) a communication, requires you, if any part of the communication is written, to identify the document or documents which refer to or evidence the communication, and to the extent that the communication was non-written, to identify the persons participating in the communication and to state the date, manner, place, and substance of the communication. 7. of the word. As used herein, the term "or" includes both the conjunctive and disjunctive uses

INSTRUCTIONS 1. If Plaintiff cannot fully answer these interrogatories, Plaintiff is still required to

answer these interrogatories to the greatest extent possible and to specify the reasons for his inability to answer fully such interrogatories. 2. Different versions of the same document, drafts of documents or documents with

handwritten notations or other remarks not found on the original are different documents and shall be separately produced. 3. If Plaintiff states that any answer requested by these interrogatories, or any

document requested to be produced, is not discoverable pursuant to a privilege, Plaintiff must provide the basis of such claim of privilege in sufficient detail to enable the Court to decide whether such claim of privilege is proper.

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REQUEST FOR ADMISSION NO. 1 1. Admit that you pled guilty to drug charges relating to drugs seized during your

contact with police on November 3, 2003. REQUEST FOR ADMISSION NO. 2 2. Admit that Joleen Blair gave verbal consent for Aurora Police Department

officers to enter the residence at 441 North Geneva Street, #204, Aurora, Colorado, on November 3, 2003. REQUEST FOR ADMISSION NO. 3 3. Admit that you consented to Sergeant Graham's request to remove your left shoe

on November 3, 2003. REQUEST FOR ADMISSION NO. 4 4. Admit that the shotgun found by police during the incident was stolen. REQUEST FOR ADMISSION NO. 5 5. Admit that you resided at 441 North Geneva Street, #204, Aurora, Colorado, on

the date of the incident. REQUEST FOR ADMISSION NO. 6 6. Admit that while in custody you told Officer Sloan that the crack cocaine and

marijuana found at the above residence belonged to you.

INTERROGATORY NO. 1 1. If you deny Request for Admission Nos. 1 ­ 6 in whole, or in part, please provide

the following information with respect to each such denial:

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a.

the name, address, and telephone number of each and every

witness whose testimony will support your denial; b. a summary of the testimony each witness identified in paragraph

(a) will provide; and c. identify any and all documents that support your denial. INTERROGATORY NO. 2 2. Describe the sentence you received after pleading guilty to the drug charges

relating to the drugs seized during your contact with police on November 3, 2003. INTERROGATORY NO. 3 3. incident. INTERROGATORY NO. 4 4. State all aliases you have used in the last 5 years. INTERROGATORY NO. 5 5. Do you contend that there was a pattern of misconduct by members of the Aurora Describe how you came to possess the shotgun found by the police during the

Police Department of which the City was or should have been aware? If the answer is in the affirmative: a. Identify and describe the pattern of misconduct, including each and

every act of a member of the Aurora Police Department; b. c. The date, time and location when such pattern commenced; and The names of each person involved in the pattern.

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REQUEST FOR PRODUCTION OF DOCUMENTS NO. 1 1. Please produce all documents which support, concern, or relate to, in whole or in

part, your claims against Defendant City of Aurora. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 2 2. Produce all documents identified, utilized, or incorporated into your responses to

the foregoing Interrogatories.

Dated: January 14, 2005. OFFICE OF THE CITY ATTORNEY

By s/ Julia A. Bannon__________________ Charles H. Richardson Julia A. Bannon Aurora Municipal Center Fifth Floor North 15151 East Alameda Parkway Aurora, Colorado 80012 Telephone: (303) 739-7030 Facsimile: (303) 739-7042

CERTIFICATE OF MAILING I hereby certify that I have this 18th day of January, 2005, deposited in the U.S. Mail with sufficient postage affixed thereto, a true and correct copy of the foregoing Defendant City of Aurora's First Set of Discovery to Plaintiff addressed to: Craig D. Syrie Reg. No. 64393 DRDC 10900 Smith Road Denver, Colorado 80239

s/ Cindy K. Selden____________________
F:\Dept\City Attorney\CA\JULIE\Syrie\1stdisc.doc

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