Free Response to Motion - District Court of Colorado - Colorado

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

Document 184

Filed 01/18/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01049-EWN-PAC MITCHELL THEOPHILUS GARRAWAY, Plaintiff, v. UNITED STATES, et al., Defendants. ________________________________________________________________________ DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR JUDGMENT BY DEFAULT PURSUANT TO FED. R. CIV. P. 37(b)(2)(C)(D) ________________________________________________________________________ The defendants, through counsel, respond to plaintiff's motion for default (Doc. 180) filed January 4, 2007: 1. In his motion for default, plaintiff asserts that the defendants were required

by the Court's December 11, 2006, Minute Order (Doc. 171) to provide discovery that he had previously requested. 2. Plaintiff's motion, however, is based on a errant reading of the Court's

December 11, 2006, order, which only required the defendants to provide a written response to the plaintiff's motion to compel discovery filed December 4, 2006 (Doc. 169), and not to respond to the discovery request itself. 3. The defendants responded to that motion on December 22, 2006 (Doc. 175),

and the motion was denied on January 2, 2007 (Doc. 179).

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

Document 184

Filed 01/18/2007

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4.

Accordingly, the defendants are in compliance with all orders of this Court

regarding discovery. 5. Plaintiff's motion should be denied.

DATED this 18 th day of January, 2007. Respectfully submitted, TROY A. EID UNITED STATES ATTORNEY

s/Mark S. Pestal Mark S. Pestal Amy L. Padden Assistant United States Attorneys 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 Fax: (303) 454-0408 [email protected]

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

Document 184

Filed 01/18/2007

Page 3 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on December 22, 2006 foregoing with the Clerk of Court using the ECF system. I electronically filed the

In addition, I hereby certify that I have mailed the document to the following non CM/ECF participants: Mitchell Thephilus Garraway #39096-066 USP Lewisburg P.O. Box 1000 Lewisburg, PA 17837 And emailed it to: Benjamin J. Brieschke Attorney-Advisor Legal Services Department Florence Correctional Complex P.O. Box 8500 Florence, CO 81226 [email protected] s/Mark S. Pestal Office of the United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 Fax: (303) 454-0404

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