Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02319-WDM-MJW

Document 118

Filed 09/07/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 03-CV-02319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, vs. CMI, KIM DEMPEWOLF, RYAN BRADLEY, MARY, SANDRA, AARON, JASON and CHARLES Defendants. ______________________________________________________________________________ DEFENDANTS' OBJECTION TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO CMI DEFENDANTS' REQUEST FOR DISCOVERY ______________________________________________________________________________ COME NOW the Defendants, CMI and Kim Dempewolf, by and through counsel, and hereby submit the following Objection to Plaintiff's Motion for Extension of Time to File Response to CMI Defendants' Request for Discovery: 1. On August 1, 2005, Defendants propounded discovery requests to Plaintiff. At the

same time, Defendants sent a letter to Plaintiff requesting Plaintiff's deposition to take place in late September or early October. Plaintiff has not responded to Defendants' request for his deposition, and now requests an additional 30 days to respond to Defendants' discovery requests. Plaintiff states that he needs an extension of time due to his lack of access to the law library. While Defendants

Case 1:03-cv-02319-WDM-MJW

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Filed 09/07/2005

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would not be opposed to a brief extension of time, Defendants submit that an extension for 30 days is excessive and will inhibit Defendants' ability to defend this matter. 2. Included in Defendants' discovery requests were releases for Plaintiff's medical

information. Plaintiff claims that he suffered from an adverse reaction to Antabuse, a medication that is routinely administered to individuals at Centennial Community Transition Center ("CCTC"). In order to properly defend this matter, it is absolutely necessary that Defendants acquire Plaintiff's medical information in order to have this case timely reviewed by an expert. Defendants note that the deadline for filing their expert disclosures is November 6, 2005. 3. Defendants submit that Plaintiff has failed to articulate why access to the

law library is necessary to respond to Defendants' discovery requests, and why such a lengthy extension is necessary. Defendants propounded various Interrogatories and Requests for Admission relating Plaintiffs' factual allegations, as well as Requests for Production for signed medical releases. Defendants submit that these straightforward discovery requests do not require extensive legal research in order to prepare a response. Defendants had intended to have Plaintiff's discovery responses prior to the scheduling of his deposition; a lengthy extension will likely delay the scheduling of Plaintiff's deposition. 4. Therefore, Defendants respectfully request that Plaintiff's Motion for Extension of

Time For 30 Days be denied. Defendants would not be opposed to a brief extension for 10 days to respond to Defendants' discovery requests.

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Case 1:03-cv-02319-WDM-MJW

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Respectfully submitted this 6th day of September, 2005.

s/ Steven J. Wienczkowski Scott S. Nixon Steven J. Wienczkowski PRYOR JOHNSON CARNEY KARR NIXON , P.C. 5619 DTC Parkway, Suite 1200 Greenwood Village, Colorado 80111 (303) 773-3500 E-Mail: [email protected] E-Mail: [email protected] ATTORNEYS FOR CMI AND KIM DEMPEWOLF CERTIFICATE OF MAILING I hereby certify that on the 6th day of September, 2005, a true and correct copy of the foregoing was placed in the U.S. Mail, postage prepaid thereon, addressed to: Oloyea D. Wallin Reg. #111389 Arkansas Valley Correctional Facility P.O. Box 1000 Crowley, Colorado 81034

s/Laura Buckingham Laura Buckingham, on behalf of Pryor Johnson Carney Karr Nixon, P.C.

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