Free Response to Motion - District Court of Colorado - Colorado

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

Document 157-3

Filed 08/26/2005

Page 1 of 4

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I700 Br,l.lduq 1700 Denver. COIO. 8029"

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

Attorneys at Law Est. 1974

SENTERGOLD~RB&RICE,L.L.C.

Document 157-3

Filed 08/26/2005 `4

Page 2 of 4

Telephone:
303 303 320
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0509 10

.July 8,2005

Facsimile:
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. www.sgrllc.com [email protected]

VIA U.S. MAIL Lillian Barton 97 Soda Creek Road Evergreen, CO 80439 RI? Lillian Barton v. City and County of Denver, et al Civil Action No. 03-F-2633 (PAC)

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William L. Sentrr James E. Goldfarh Thomas S. Rice ' Arthur J. Kukcr ]uhn D Haycs Sonja S. McKenzw T~iliney A. Nortun Jennifer M Palmer Eric M. Ziporin

Dear Ms. Barton: Please let this serve as a response to your July 7, 2005 correspondence wherein you have taken an incorrect position regarding Defendants Ramsey ' Wortham ' and s, s Whitman' objections to your Requests for Admissions. Pursuant to Rule 16 of the s Federal Rules of Civil Procedure, the Scheduling Order entered in this case by Magistrate Judge Coan on March 3,2004 governs the discovery limitations in this case. As such, and pursuant to Section VII(b)(4) "25 requests for production of documents and/or 25 requests for admissions, total, including subparts for each side " are permitted. ' Therefore, your interpretation of Rule 36 and Rule 37 of the Federal Rules of Civil Procedure is misguided Please note that the Court specifically crossed out the parties ' and not applicable. proposed language of the Scheduling Order which did not provide for any limitations (which you are suggesting) and specifically limited the number of requests for production of documents and requests for admissions for each side (Plaintiff and Defendants). Again, should you file a frivolous motion to compel regarding this issue, we will seek our attorney fees for any hours spent responding to said motion or attending a hearing. Apparently, you did not understand Magistrate Judge Coan ' words of caution to s you regarding the filing of unfounded motions. That notwithstanding, we will be providing complete responses to Plaintiffs First Set of Interrogatories propounded to Officers Blea and Sagen on or before July 29,2005. Should you have any questions, please give me a call. Very truly yours,

William M. Stuck Wendy J. Shea Gcralili~~c E Flynn Seth A. R,der Spencer L. Scars GIllian M. Flener Paul R. Flick ' Harvey D. Flewelling Billy-George Hernke Carlrigh L. Elkus Michael K. Gcndill Jo? M Espinosa An,& D. DrVinc Benjamm I'Eckhart N&e M. Abbott Grqory D. Graham Jarcd A. Scidcnhrrg Brett A. McDaniel Iil;llIl~c c Crrhassn

Also Admitted:

SENTERGOLDFARB&RICE, L.L.C.

Seth A. Rider SAR:md Enclosure ' A copy of the Scheduling Order is enclosed for your review.

SGR

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

Document 157-3

Filed 08/26/2005

Page 3 of 4

,

Case 1:03-cv-02633-PSF-PAC
1700 Broadway
Sutte 1700

Document 157-3

Attorneys at Law Est. 1974
Telrphow 303
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SENTERGOLDMRB&

RICE,L.L.C.

Filed 08/26/2005

Page 4 of 4

320-0509

Facsinlllc: 303
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320

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0210

July 14,2005

t VIA U.S. MAIL
Lillian Barton

97 Soda Creek Road
Evergreen, CO 80439
RE?

Lillian Barton v. City and County of Denver, et al Civil Action No. 03-F-2633 (PAC)

.

Dear Ms. Barton:
Willian> M. Stuck

Please let this serve as a response to your correspondence of July 12, 2005 regarding your intent to file a Motion to Compel with the Court. As stated in our telephone conversation, we object to any Motion to Compel being filed as the correct reading of the Scheduling Order permits "25 requests for production of documents and/or 25 requests for admissions, total, including subparts for each side ". As stated in our July 5, 2005 correspondence, you have already propounded 25 requests for admissions to Officer Blea which were answered in full, and thus you have exhausted the allotted As such, we have objected to your Requests for amount for requests for admissions. Admissions propounded upon Chris Ramsey, Wallace J. Wortham [sic], Gerald Whitman and Officer Nick Sagen. Should you have any questions, please give me a call. Very truly yours, SENTERGOLDFARB&RICE,L.L.C.

Seth A. Rider SAR:md

SGR