Opinion
Civil Action No. 04-cv-01271-EWN-BNB.
October 12, 2006
ORDER
The parties appeared on October 11, 2006, for a preliminary scheduling conference. Consistent with matters discussed at that conference:
IT IS ORDERED that all claims against James A. Montoya in his official capacity are dismissed with prejudice at the request of the plaintiff;
IT IS FURTHER ORDERED that the stay of discovery with respect to James A. Montoya is continued;
IT IS FURTHER ORDERED that the plaintiff and defendants Keener, Scranton, and the Estate of Opal Wilson may engage in written discovery limited as follows: (1) 30 requests for admissions per side; (2) 15 requests for production of documents per side; and
For purposes of this order, the plaintiff is one side; defendant Montoya is one side; and defendants Keener, Scranton, and the Estate of Opal Wilson are one side.
(3) 30 interrogatories per side.
IT IS FURTHER ORDERED that the Plaintiff's Second Motion to Include Injunctive Relief In Prisoner's Civil Right Complaint [Doc. # 176, filed 8/14/2006] is DENIED for the reasons stated on the record.
IT IS FURTHER ORDERED that the plaintiff's Motion to Strike Defendant Montoya's Reply [Doc. # 173] for Non-Service and Supplement/Amendment [Doc. # 201] as Untimely and Improper Service [Doc. # 209, filed 9/29/2006] is DENIED AS WITHDRAWN.