Opinion
Civil Action No. 12-cv-02155-RBJ-KLM
04-18-2013
MINH PHAM, Plaintiff, v. MICHAEL AHRENS, Officer, in his official and individual capacity, and GLENN MAHR, Officer, his official and individual capacity Defendants.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's Deposition Request to Declare Adverse Witnesses (Motion), docketed by the Court as a Motion for Discovery [Docket No. 28; Filed March 5, 2013], Plaintiff's Motion to Supply Evidence to "Adverse Witness" Motion, docketed by the Court as a Supplement/Amendment to Motion for Discovery [Docket No. 30; Filed March 7, 2013] (collectively, the "Motion for Discovery") and Plaintiff's Joinder of Parties and Amendment of Pleadings [Docket No. 35; Filed March 29, 2013] (the "Motion to Amend"). Defendants filed a Response to the Motion for Discovery [Docket No. 33; Filed March 22, 2013]. Plaintiff represents that Defendants object to both motions.
The Court may rule on a pending motion at any time, without awaiting a response. D.C.COLO. LCivR 7.1C.
IT IS HEREBY ORDERED that the Motion for Discovery [## 28, 30] is DENIED without prejudice. If Plaintiff, who proceeds in this matter pro se, seeks to have certain witnesses declared adverse for purposes of their testimony at trial, the Motion is premature. Plaintiff may seek such a declaration at that time pursuant to Fed. R. Evid. 611(c)(2). If Plaintiff seeks permission to take the depositions of certain witnesses, the Court notes that its permission is not necessary. Plaintiff must follow Fed. Rs. Civ. P. 30 and 45 and consult with Defendants' counsel as appropriate to schedule depositions.
IT IS HEREBY ORDERED that the Motion to Amend [#35] is DENIED without prejudice. If Plaintiff, who proceeds in this matter pro se, is seeking leave to file a Second Amended Complaint, he must file a motion which complies with the federal and local rules, namely, Fed. R. Civ. P. 15, and which includes the proposed Second Amended Complaint as a document separate from the motion. The Court will not permit piecemeal adjudication of Plaintiff's case, thus Plaintiff must include all claims he seeks to bring and defendants he intends to name in the proposed Second Amended Complaint.