Free Response to Motion - District Court of Colorado - Colorado

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

Document 139

Filed 08/04/2005

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2633-PSF-PAC LILLIAN BARTON , Plaintiff, vs. 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 Case No 04-F-319 (PAC) LILLIAN BARTON, Plaintiff, vs. 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.

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

Document 139

Filed 08/04/2005

Page 2 of 4

______________________________________________________________________________ DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR ORDER TO COMPEL DISCOVERY UNDER FED.R.CIV.P.37(a)

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, ESQ. and SETH A. RIDER, ESQ. of the law firm of SENTER GOLDFARB & RICE, L.L.C., hereby responds to Plaintiff's Motion for Order to Compel Discovery under Fed.R.Civ.P.37(a) as follows: 1. On May 20, 2005, Plaintiff served upon Defendant Richard Blea her Request for

Admissions. Said Request consisted of 25 individual Requests for Admissions to be answered under oath within thirty (30) days of service. [See Requests for Admissions appended hereto as Attachment A.] 2. On June 20, 2005, Defendant Officer Richard Blea provided complete responses

to Plaintiff's 25 individual Requests for Admissions. [See Defendant Officer Richard Blea's Responses to Plaintiff's Requests for Admissions appended hereto as Attachment B.] 3. Pursuant to the Scheduling Order entered by the Court on March 3, 2004, each

side was allotted 25 Requests for Production of Documents and/or 25 Requests for Admissions, total, including subparts. [See Page 7 of Court's Scheduling Order.] As indicated by the Court's revisions to the parties' proposed Scheduling Order, which did not propose limitations on the number of Requests for Production Requests for Admissions, the Court specifically removed that

2

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

Document 139

Filed 08/04/2005

Page 3 of 4

language and imposed a 25 request limit for each side (emphasis added).

Accordingly,

Defendants (collectively) and Plaintiff are permitted to propound 25 Requests for Admissions total, including subparts. As such, Defendants objected to all of Plaintiff's Requests for

Admissions beyond the 25 requests first propounded and answered in their entirety by Officer Richard Blea. 4. Pursuant to Fed.R.Civ.P.26(b)(2) ". . . the Court may also limit the number of

requests under Rule 36." Pursuant to the limitations placed by the Court in the Scheduling Order, Defendants have properly objected to Plaintiff's Requests for Admissions beyond the 25 permitted by the Scheduling Order. In this regard, Plaintiff erroneously attempts to seek 100 additional Requests for Admissions, which are not contemplated by the Scheduling Order in this case. As such, Plaintiff's Motion to Compel must be denied. WHEREFORE, Defendants respectfully request that the Court DENY Plaintiff's Motion for an Order to Compel Discovery Under Fed.R.Civ.P.37(a) as she seeks to extend the discovery limitations set forth by this Court's Scheduling Order. Defendants further seek their attorneys' fees for having to respond to another frivolous motion in accordance with the Court's Minute Order of June 22, 2005. Respectfully submitted this 4th day of August, 2005.

3

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

Document 139

Filed 08/04/2005

Page 4 of 4

/s/Seth A. Rider Thomas S. Rice Seth A. Rider SENTER GOLDFARB & RICE, L.L.C. 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 1700 Broadway, Suite 1700 Denver, Colorado 80290 Telephone: (303) 320-0509

CERTIFICATE OF MAILING I HEREBY CERTIFY that on this 4th day of August, 2005, a true and exact copy of the above and foregoing DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR ORDER TO COMPEL DISCOVERY UNDER FED.R.CIV.P.37(a) was filed electronically with the Court via PACER and served via the U.S. mail, first class postage prepaid, addressed as follows: Lillian Barton 97 Soda Creek Road Evergreen, CO 80439 _/s/Marie S. DeSanto____ Marie S. DeSanto Legal Secretary to Seth A. Rider [email protected]

4
00191319