Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01049-EWN-KLM

Document 96

Filed 08/15/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01049-EWN-OES MITCHELL THEOPHILUS GARRAWAY, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants. ______________________________________________________________________ DEFENDANTS' RESPONSE TO PLAINTIFF'S SECOND MOTION FOR ORDER COM PELLING DISCLOSURE PURSUANT TO RULE 37(a)(2)(4) ________________________________________________________________________ The defendants, through undersigned counsel, respond as follows to plaintiff's second motion to compel filed August 12, 2005: 1. In his August 12, 2005, motion to compel, plaintiff complains that the

defendants failed to respond completely to his discovery request. 2. On August 10, 2005, the defendants provided plaintiff with a response that

attempted to comply in good faith with the discovery request. Plaintiff is presumably displeased with several objections made therein and that the defendants did not possess all of the requested documents, although many documents were provided. 3. Plaintiff's motion to compel, however, must be denied because plaintiff

failed to comply with Fed. R. Civ. P. 37(a)(2)(A), which requires that the movant certify that he has made a good faith effort to confer with the undersigned counsel about the

Case 1:04-cv-01049-EWN-KLM

Document 96

Filed 08/15/2005

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matter before resorting to court intervention. The undersigned counsel has not received any inquiry from plaintiff regarding his motion and therefore plaintiff made no effort to confer about his is concerns prior to the filing of his motion to compel. WHEREFORE the defendants respectfully request that plaintiff's motion be denied for failure to comply with Fed. R. Civ. P. 37. DATED this 15th day of August, 2005. Respectfully submitted, WILLIAM J. LEONE ACTING UNITED STATES ATTORNEY

s/ Mark S. Pestal Mark S. Pestal Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 (303) 454-0100

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Case 1:04-cv-01049-EWN-KLM

Document 96

Filed 08/15/2005

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on August 15, 2005, I electronically filed the foregoing with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail addresses: None and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participant(s) in the manner (mail, hand delivery, etc.) indicated by the nonparticipant's name: Mitchell Garraway #38096-066 Leavenworth Detention Center 100 Highway Terrace Leavenworth, KS 66048 United States Penitentiary Benjamin J. Brieschke Chris Synsvoll Attorney-Advisors Legal Services Department Florence Correctional Complex P.O. Box 8500 Florence, Colorado 81226

/s/ Mark S. Pestal Mark S. Pestal Assistant U.S. Attorney United States Attorney's Office 1225 Seventeenth, Suite 700 Denver, Colorado 80202 PH: (303) 454-0100 FX: (303) 454-0408

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