Opinion
Civil Action No. 04-cv-02225-REB-BNB.
March 17, 2006
ORDER
This matter is before me on the following motions:
(1) Plaintiff's Motion to Compel Document Deponent Used to Refresh Recollection [Doc. # 73, filed 1/3/06] (the "Motion to Compel");
(2) Plaintiff's Motion for Leave for the Court to Accept the Reply Re: Motion to Compel Document Deponent Used to Refresh Recollection Out of Time [Doc. # 96, filed 2/16/06] (the "Motion to File Out of Time"); and
(3) Defendant's Motion to Strike Plaintiff's Reply Re: Motion to Compel Document Deponent Used to Refresh Recollection [Doc. # 98, filed 2/17/06] (the "Motion to Strike").
I held a hearing on these motions this morning and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record:
IT IS ORDERED that the Motion to Compel is GRANTED. The defendant shall produce the 11 page document reviewed by Mr. Timmins on the evening before his deposition on or before March 22, 2006.
IT IS FURTHER ORDERED that the Motion to File Out of Time is GRANTED. The Clerk of the Court is directed to accept for filing the Plaintiff's Reply Re: Motion to Compel Document Deponent Used to Refresh Recollection [Doc. # 95, submitted 2/15/06].
IT IS FURTHER ORDERED that the Motion to Strike is DENIED.