KLINE v. CITY OF SANTA FE

Full title: KAREN KLINE, Plaintiff, vs. CITY OF SANTA FE, SANTA FE POLICE DEPARTMENT…

Court: United States District Court, D. New Mexico

Date published: Jan 9, 2001

Civ. No. 00-495 JC/WWD (D.N.M. Jan. 9, 2001)

Opinion

Civ. No. 00-495 JC/WWD.

January 9, 2001.

MEMORANDUM OPINION AND ORDER

DEATON, United States Magistrate Judge.

This matter comes before the Court upon Plaintiffs Motion to Compel City Defendants Judge Frances Gallegos, Officer Sanchez, and Zoning Officer Garcia to Answer Plaintiffs First Set of Interrogatories [docket no. 65]. The motion states that the parties refuse to answer the questions, saying that more than 25 interrogatories were asked.

Defendants do not question this assertion by Plaintiff. They seek to defeat the motion to compel by pointing out that it was not timely served, which is true. In the scheduling order I entered on August 1, 2000, I set the maximum number of interrogatories to a party at 50. If, indeed, Defendants objected to interrogatories claiming that the number of interrogatories was excessive since it exceeded 25, the objections were groundless. Taking that into account along with Plaintiffs asserted difficulties in contacting attorney Robles, I find that the motion to compel should be considered notwithstanding the fact that it was filed out of time. To rule otherwise would allow Defendants an unfair advantage based on disregard of an order of the Court.

WHEREFORE,

IT IS ORDERED that on or before January 19, 2001, Defendants Judge Frances Gallegos, Officer Sanchez, and Zoning Officer Eddie Garcia shall serve upon Plaintiff full and complete answers to Plaintiffs First Set of Interrogatories.