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Grano v. City of Bloomfield

United States District Court, D. New Mexico

July 13, 2017

MARK GRANO, individually and as Personal Representative of the Wrongful Death Estate of John Rogers, deceased; BILLIE ROGERS; JOHN ROGERS, JR.; and DANA DAVILA, Plaintiffs,
v.
CITY OF BLOOMFIELD; ANDREW DARBY; and DOES 1 through 10, inclusive, Defendants.

          ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS FOR SANCTIONS/MOTIONS TO COMPEL

          KIRTAN KHALSA UNITED STATES MAGISTRATE JUDGE.

         THIS MATTER came before the Court on Defendant City of Bloomfield's Opposed Motion to Compel or for Sanctions Against Estate of John Rogers (Doc. No. 40), Defendant Andrew Darby's Opposed Motion to Compel or for Sanctions Against Estate of John Rogers (Doc. No. 41), and Defendant City of Bloomfield's Opposed Motion to Compel or for Sanctions Against Individual Plaintiffs (Doc. No. 42). The Court having reviewed the Plaintiffs' responses (Doc. Nos. 49, 50 and 51) to the foregoing motions, having reviewed the Defendants' Replies (Doc. Nos. 54, 55 and 56) in support of the motions, having heard the arguments of counsel on June 30, 2017 (as reflected in the Clerk's Minutes, Doc. No. 63 (filed June 30, 2017)), and being fully advised in the premises, FINDS that the Motions are well-taken in part and are hereby GRANTED in part as set forth below.

         IT IS THEREFORE ORDERED that all Plaintiffs in this matter shall be required to review and supplement their respective answers/responses to the following discovery requests by July 31, 2017:

• Defendant City of Bloomfield's First Set of Interrogatories to Plaintiff Marc Grano as Personal Representative of the Estate of John Rogers;
• Defendant City of Bloomfield's First Set of Requests for Production to Plaintiff/Personal Representative Marc Grano;
• Defendant City of Bloomfield's First Set of Requests for Admissions to Plaintiff/Personal Representative Marc Grano;
• Defendant City of Bloomfield's First Set of Requests for Production Nos. 2 to 5 to Plaintiff Billie Rogers;
• Defendant City of Bloomfield's First Set of Requests for Production Nos. 2 to 4 to Plaintiff Dana Davila;
• Defendant Andrew Darby's First Set of Interrogatories to Plaintiff/Personal Representative Marc Grano;
• Defendant Andrew Darby's First Set of Requests for Production to Plaintiff/Personal Representative Marc Grano; and
• Defendant Andrew Darby's First Set of Requests for Admissions to Plaintiff/Personal Representative Marc Grano.

With respect to the Responses to Defendants' Requests for Admissions, the Court reminds Plaintiff/Personal Representative Grano that denials based on lack of knowledge by the personal representative are insufficient and improper, and that the personal representative has an obligation to reasonably investigate the facts in good faith. The Plaintiff/Personal Representative's Responses to Defendants' Requests for Admissions shall specifically admit or deny the matters or set forth in detail the reasons why the personal representative cannot truthfully admit or deny the matters. The personal representative cannot give lack of information or personal knowledge as a reason for failure to admit or deny unless the personal representative demonstrates that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny.

         IT IS FURTHER ORDERED that Plaintiffs shall be required to supplement their initial disclosures with their damages computation in accordance with FED. R. CIV. P. 26(a)(1)(A)(iii) by July 31, 2017.

         IT IS FURTHER ORDERED that the “Preliminary Statement and General Objections” preceding each and every one of Plaintiffs' ...


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