Opinion
No. CIV-03-0009 JB/RLP
March 24, 2004
Timothy P. Woolston, Albuquerque, New Mexico, for the Plaintiff
Randy Autio City of Albuquerque Legal Department Albuquerque, New Mexico, for Defendant City of Albuquerque
William D. Slease, Jonlyn Martinez Slease Martinez, P.A. Albuquerque, New Mexico, for Defendant William Bell
ORDER
THIS MATTER comes before the Court on Defendant City of Albuquerque's Motion to Compel Discovery, filed December 15, 2003 (Doc. 23). The primary issue is whether the Court should compel the Plaintiff, Lorraine Cruz, to answer interrogatories and to respond to requests for production that Defendant City of Albuquerque served on her. Because Cruz did not respond to this motion, and because the motion is otherwise meritorious, the Court will grant the portion of the motion requesting an order to compel discovery. The Court reaches this conclusion based upon the same reasoning set forth in the Memorandum Opinion and Order granting Defendant Bell's Motion to Compel. See Memorandum Opinion and Order, filed March 23, 2004 (Doc. 32). The Court will deny the portion of the City's motion requesting an award of attorney's fees.
IT IS ORDERED that the Defendant City of Albuquerque's Motion to Compel Discovery is granted in part and denied in part. The Court will order the following: (i) Cruz shall fully answer Defendant City of Albuquerque's First Set of Interrogatories to Plaintiff without objection within 10 days of the date of this order; (ii) Cruz shall fully respond to the City of Albuquerque's First Requests for Production to Plaintiff without objection within 10 days of the date of this order; and (iii) Cruz shall provide a medical release, a psychological release, and a list of all care providers that Cruz has seen for the past five (5) years within 10 days of the date of this order. The Court denies the portion of the motion requesting an award of attorney's fees.