Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01271-EWN-BNB

Document 290

Filed 03/21/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1271-EWN-BNB

PATRICK M. HAWKINSON, Plaintiff, v. JAMES A. MONTOYA, in his individual and official capacities, R. LYNN KEENER, ROBERT SCRANTON, and ESTATE OF OPAL WILSON, Defendants. ______________________________________________________________________________ DEFENDANT MONTOYA'S RESPONSE TO PLAINTIFF'S MOTION FOR ORDER DIRECTING DEFENDANT MONTOYA TO ANSWER PLAINTIFF'S INTERROGATORIES ______________________________________________________________________________

Defendant James A. Montoya, by and through his counsel, Hall & Evans, L.L.C., in response to Plaintiff's Motion for Order Directing Defendant Montoya to Answer Plaintiff's Interrogatories, states as follows: Upon the Court's denial of Defendant Montoya and then-Defendant Borden's Motion to Dismiss Plaintiff's initial Complaint, the Defendants answered Plaintiff's Prisoner Complaint on April 4, 2006. When Plaintiff filed a First Amended and Supplemented Prisoner Complaint, Defendant Montoya filed a Motion to Dismiss. The Court stayed all pretrial proceedings ­ including discovery ­ pending decision on Defendant Montoya's Motion to Dismiss. The stay of discovery was in effect until the Court's decision on the Motion to Dismiss, which was issued on March 12, 2007.

Case 1:04-cv-01271-EWN-BNB

Document 290

Filed 03/21/2007

Page 2 of 3

With the denial of Defendant Montoya's Motion to Dismiss, the stay of discovery is lifted. Defendant Montoya has finalized his Answers to Plaintiff's Interrogatories and has served them to Plaintiff by U.S. Mail. Thus, Plaintiff's Motion is moot. A copy of Defendant

Montoya's discovery responses is attached for the Court's confirmation. Dated this 21st day of March, 2007. Respectfully submitted,

s/ Awilda R. Marquez Awilda R. Marquez #33063 of Hall & Evans, LLC 1125 - 17th Street, Suite 600 Denver, CO 80202 Telephone: 303-628-3367 Fax: 303-628-3368 E-Mail: [email protected] ATTORNEYS FOR DEFENDANT JAMES A. MONTOYA

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Case 1:04-cv-01271-EWN-BNB

Document 290

Filed 03/21/2007

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 21st day of March, 2007, I mailed a true and correct copy of the foregoing DEFENDANT MONTOYA'S RESPONSE TO PLAINTIFF'S MOTION FOR ORDER DIRECTING DEFENDANT MONTOYA TO ANSWER PLAINTIFF'S INTERROGATORIES with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Robert J.M. Scranton, Esq. 231 East Vermijo Avenue Colorado Springs, CO 80903 E-mail: [email protected] And I hereby certify that on this 21st day of March, 2007, I have mailed or served the foregoing document to the following non-CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Patrick M. Hawkinson, #62702 (via U.S. Mail, postage prepaid) Sterling Correctional Facility P.O. Box 6000 - SCF Sterling, CO 80751 Case Manager for Patrick Hawkinson (via U.S. Mail, postage prepaid) #62702 Sterling Correctional Facility P.O. Box 6000 - SCF Sterling, CO 80751

s/ Leslie Grauberger, Secretary Awilda R. Marquez, Esq. Hall & Evans, LLC 1125 - 17th Street, Suite 600 Denver, CO 80202 Telephone: 303-628-3367 Fax: 303-628-3368 E-Mail: [email protected] Attorneys for Defendant James A. Montoya

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