Free Motion to Compel - District Court of Colorado - Colorado

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

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Filed 08/31/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-01275-OES-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. ______________________________________________________________________________ CITY OF AURORA'S MOTION TO COMPEL ______________________________________________________________________________

Certificate of Compliance Plaintiff is a pro se prisoner, currently incarcerated, and, thus, there is no duty to confer on this Motion. Counsel for the City did question Plaintiff regarding his responses to the City's discovery requests on July 11, 2005, and he stated that he would be sending them to the City. See Exhibit "A," pp. 26, l. 24 ­ 46, l. 19. To date, the City has not received any further communication from Plaintiff.

1.

This Motion is brought pursuant to F.R.C.P. Rule 37(a).

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

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2.

Plaintiff is a pro se prisoner who was incarcerated at the Arapahoe County

Detention Facility at the time he filed his Complaint. 3. Defendant City of Aurora sent its First Set of Discovery to Plaintiff on January

14, 2005. See Exhibit "B." Plaintiff received the discovery and stated on July 11, 2005, that he would respond. 4. 5. To date, Defendant has not received any responses to its discovery requests. Plaintiff has not sought an extension of time to respond to the Defendants'

discovery requests.

WHEREFORE, Defendant City of Aurora respectfully seeks an Order compelling Plaintiff to respond to the First Set of Discovery. Dated: August 31, 2005. Respectfully submitted,

s/ Julia A. Bannon___________________ Julia A. Bannon Office of the City Attorney Aurora Municipal Center, Suite 5300 15151 East Alameda Parkway Aurora, Colorado 80012 Telephone: (303) 739-7030 Facsimile: (303) 739-7042 E-mail: [email protected] ATTORNEY FOR DEFENDANT CITY OF AURORA

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

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CERTIFICATE OF SERVICE I hereby certify that on August 31, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system and I hereby certify that I have mailed the City of Aurora's Motion to Compel to the following non CM/ECF participant: Craig D. Syrie Reg. No. 64393 Crowley County Correctional Facility 6564 Highway 96 Olney Springs, CO 81062

s/ Cindy Selden
F:\Dept\City Attorney\CA\JULIE\Syrie\m2cmpl.doc

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