Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02633-PSF-PAC

Document 160

Filed 08/31/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2633-PSF-PAC LILLIAN BARTON , Plaintiff, v. CITY AND COUNTY OF DENVER OFFICER R. BLEY, Badge No. 99006 OFFICER N. SAGEN, Badge No. 96-021 OFFICER JOHN DOE MAYOR JOHN HICKENLOOPER, in his official capacity WELLINGTON WEBB, as former Mayor, in his official capacity GERALD R. WHITMAN, Chief of Police, City and County of Denver, in his office capacity only J. WALLACE WORTHAM, JR., former Denver City Attorney, in his official capacity only CHRIS RAMSEY, former Denver Deputy City Attorney, in his official capacity only Defendants. and Civil Action No. 04-cv-319-PSF-PAC LILLIAN BARTON, Plaintiff, v. CITY AND COUNTY OF DENVER RICHARD BLEA NICK SAGAN JOSH VASCONCELLOS MAYOR JOHN HICKENLOOPER WELLINGTON WEBB GERALD R. WHITMAN RUDY SANDOVAL J. WALLACE WORTHAM, JR. CHRIS RAMSEY, Defendants.

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Case 1:03-cv-02633-PSF-PAC

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______________________________________________________________________________ RESPONSE TO MOTION TO AMEND PLAINTIFF'S MOTION FOR ORDER TO COMPEL FILED ON JULY 15, 2005 ______________________________________________________________________________ Defendants, the CITY AND COUNTY OF DENVER, OFFICER RICHARD BLEA (incorrectly designated as "Bley"), OFFICER NICK SAGAN (incorrectly designated as "Sagen"), OFFICER JOSH VASCONCELLOS, MAYOR JOHN HICKENLOOPER, WELLINGTON WEBB, GERALD R. WHITMAN, RUDY SANDOVAL, J. WALLACE WORTHAM, JR. and CHRIS RAMSEY (hereinafter "Defendants"), by their attorneys, THOMAS S. RICE and BRETT A. McDANIEL of the law firm of SENTER GOLDFARB & RICE, L.L.C., hereby respond to Plaintiff's Motion to Amend Plaintiff's Motion for Order to Compel Filed on July 15, 2005, as follows: 1. Initially, Defendants object to the filing of this motion on the grounds that

Plaintiff has failed to comply with the local rules and confer with Defendants prior to the filing of same. See, D.C.COLO.LCivR 7.1. 2. In addition, Defendants adopt by reference their previous Response to Plaintiff's

Motion for Court to Determine the Sufficiency of Defendant Richard Blea's Answers and Objections to Plaintiff's Request for Admissions Dated June 20, 2005, Pursuant to Fed.R.Civ.P. 36(a) and to Apply Appropriate Sanctions Pursuant to Fed.R.Civ.P. 37(a)(2) for Plaintiff's Having to Prove the Genuineness of Documents Entitled Exhibit E and Exhibit G and Defendant's Response to Plaintiff's Motion for Leave of Court to Amend and Supplement Plaintiff's Motion to Compel Filed 7/15/05 Pursuant to Fed.R.Civ.P. 15(a) and (b) and to Reschedule/Vacate Court Ordered Hearing for 8/31/05 Regarding Said Motion to Allow

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Defendants to Respond to Plaintiff's Amended/Supplemented Motion to Compel. Fed.R.Civ.P. 10(c). 3.

See,

In addition to those matters previously stated in the above-referenced pleadings,

Defendants state that Plaintiff's motion is effectively a restatement of those claims for relief and/or sanctions for which she argues in prior pleadings. Essentially, Plaintiff contends that because of Defendants' collectively reasonable, justified, and proper interpretation of this Court's Scheduling Order of March 3, 2004, all propounded requests for admission must be deemed admitted. 4. As previously argued, and at length, Plaintiff's proposition is unfounded and

inappropriate. Indeed, Plaintiff was timely notified of Defendants' collective objections and justifications for same. Moreover, to the extent that Plaintiff argues Defendant Sagan's objection was untimely, this is in error. Indeed, the substance of Defendants' collective objections to Plaintiff's proffered requests for admission were submitted in a timely manner for Officer Sagan and/or any other named defendant. Any specific omission of Officer Sagan in Defendants' listed objections, is an error strictly clerical in nature and is entirely insufficient to warrant the relief requested by Plaintiff. Likewise, any such error or omission was expeditiously rectified resulting in no prejudice to Plaintiff. [See, Defendant's Response to Plaintiff's Motion for Leave of Court to Amend and Supplement Plaintiff's Motion to Compel Filed 7/15/05 Pursuant to Fed.R.Civ.P. 15(a) and (b) and to Reschedule/Vacate Court Ordered Hearing for 8/31/05 Regarding Said Motion to Allow Defendants to Respond to Plaintiff's Amended/Supplemented Motion to Compel, Exhibit A and Exhibit C.]

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WHEREFORE, in light of those matters previously briefed and as outlined above, Defendants respectfully request that the Motion to Amend Plaintiff's Motion for Order to Compel Filed on July 5, 2005 be denied, as well as the claims for relief contained therein. In addition, Defendants respectfully request that they be awarded reasonable attorneys' fees incurred in response to Plaintiff's motion(s) and such other relief as the Court may deem appropriate. Respectfully submitted,

s/ Thomas S. Rice Thomas S. Rice

s/ Brett A. McDaniel Brett A. McDaniel Senter Goldfarb & Rice, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: (303) 320-0509 FAX: (303) 320-0210 E-mail: [email protected] Attorneys for Defendants Gerald Whitman, City and County of Denver, Officer Richard Blea, Officer Nick Sagan, Chris Ramsey, Mayor John Hickenlooper, Rudy Sandoval, Wellington Webb, J. Wallace Wortham, Jr. and Officer Josh Vasconsillas

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 31st day of August, 2005, I electronically filed a true and correct copy of the above and foregoing RESPONSE TO MOTION TO AMEND PLAINTIFF'S MOTION FOR ORDER TO COMPEL FILED ON JULY 15, 2005 with the Court via CM/ECF system and served via the U.S. mail, first class postage prepaid, addressed as follows: Lillian Barton 97 Soda Creek Road Evergreen, CO 80439 s/ Stephanie Nelson Stephanie Nelson E-mail: [email protected] Secretary for Attorney Brett A. McDaniel

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