Free Motion to Compel - District Court of Colorado - Colorado

Case 1:04-cv-00680-REB-CBS

Document 37

Filed 08/10/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO ) ) Plaintiff, ) ) - vs) ) ) QWEST COMMUNICATIONS ) INTERNATIONAL INC., QWEST ASSET ) MANAGEMENT COMPANY AND ) JOHN DOES 1-15, ) ) Defendants. ) ______________________________________ ) DONALD KELLER, Cause No. 04-RB-680 (CBS) PLAINTIFF'S MOTION TO COMPEL DISCOVERY

COMES NOW the Plaintiff, Donald Keller, by and through his counsel of record, and hereby submits this Motion requesting that this Court issue an order compelling Defendant to respond to Plaintiff's outstanding discovery request. As set forth in Plaintiff's supporting brief filed contemporaneously herewith, Plaintiff filed a combined discovery request on May 1, 2007. Defendant filed an objection to Plaintiff's discovery request on July 5, 2007, asserting that Plaintiff's claims were released along with the class action settlement in the April 26, 2006 Stipulation of Settlement and January 29, 2007 Order and Final Judgment. Plaintiff has attempted to resolve this matter to no avail and now seeks an order pursuant to Rule 37 of the Federal Rules of Civil Procedure compelling a response to his discovery requests. Pursuant to D.C. Colo. L.Civ.R. 7.1(A), counsel has discussed this with opposing counsel who plans to object. WHEREFORE, based on the arguments as set forth in Plaintiff's supporting brief, Plaintiff respectfully requests that the Court issue an order compelling Defendant to respond to Plaintiff's discovery request, deem Plaintiff's requested admissions admitted pursuant to Rule 36(a) of the Federal Rules of Civil Procedure, and such other relief this Court deems appropriate.
PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND SUPPORTING BRIEF - Page 1

Case 1:04-cv-00680-REB-CBS

Document 37

Filed 08/10/2007

Page 2 of 2

DATED this 10th day of August, 2007. By: /s/Perry J. Schneider Perry J. Schneider MILODRAGOVICH, DALE, STEINBRENNER & NYGREN, P.O. Box 4947 Missoula, Montana 59806-4947 Telephone: (406) 728-1455 Fax No: (406) 549-7077 E-mail: [email protected] Attorneys for Plaintiff Donald Keller

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon the following individuals by the means designated below this 10th day of August, 2007: [ ] U.S. Mail [ ] Fed Ex [ ] Hand-Delivery [ ] Facsimile [ ] Email [X] ECF Michael B. Carroll, Esq. William T. Hankinson, Esq. William A. Wright, Esq. SHERMAN & HOWARD L.L.C. D.C. Box 12 633 Seventeenth Street, Suite 3000 Denver, Colorado 80202 /s/Perry J. Schneider 10534/2(jkb)(ljs)
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PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND SUPPORTING BRIEF - Page 2