McInnis v. Fairfield Communities, Inc.

Full title: DIANNE C. McINNIS, Plaintiff, v. FAIRFIELD COMMUNITIES, INC., d/b/a…

Court: United States District Court, D. Colorado

Date published: Oct 30, 2006

Civil Action No. 02-cv-00671-ZLW-BNB (D. Colo. Oct. 30, 2006)

Opinion

Civil Action No. 02-cv-00671-ZLW-BNB.

October 30, 2006

ORDER

ZITA WEINSHIENK, Senior District Judge

This matter comes before the Court on Plaintiff's Second Motion For Discovery RE: Plaintiff's Motion For Attorneys' Fees (Doc. No. 215). The Court previously denied Plaintiff's Motion For Discovery on August 11, 2004 and the United States Court of Appeals for the Tenth Circuit upheld this Court's decision.¹

1 McInnis v. Fairfield Communities, Inc., 458 F.3d 1129, 1146-47 (10th Cir. 2006) ("We . . . cannot say that the district court abused its discretion by denying [Plaintiff's] motion to compel discovery of this evidence").

After reviewing Plaintiff's current motion, the Court finds it almost identical to the previously denied motion with the exception of added footnote 2 and some additional language in paragraph 6. The Court finds footnote 2 simply restates an argument that already appears in paragraph 7, and the language added to paragraph 6 does not present any additional arguments this Court did not already consider when ruling on the previous motion. Accordingly, it is

ORDERED that Plaintiff's Second Motion For Discovery RE: Plaintiff's Motion For Attorneys' Fees (Doc. No. 215) is denied.