Summary
This minute order addresses multiple discovery-related motions in Alexander Noel Garcia’s action against Experian Information Solutions. The court denied motions for contempt, sanctions, a protective order, and judicial notice, and denied without prejudice a motion to compel. The court granted in part a motion to extend case deadlines and set revised expert-disclosure, discovery, and dispositive-motion deadlines.
Holdings
- Civil contempt was unwarranted because Garcia did not prove by clear and convincing evidence that Experian disobeyed the court's order; Experian timely mailed the documents and subsequently took reasonable steps to substantially comply.
- Sanctions were denied because Experian did not violate the prior order and the court identified no sanctionable conduct.
- The motion to extend deadlines was granted in part for all parties, but the request to prohibit any future extensions for Experian was denied.
- A protective order was denied because Garcia did not establish abusive discovery tactics, falsified mailing dates, or other sanctionable conduct warranting protective relief.
- The motion to compel was denied without prejudice because Garcia did not specifically explain how the discovery responses were deficient and did not attach the disputed responses for review.
- Leave to request judicial notice was denied without prejudice because Garcia did not attach the documents, provide the necessary information, or demonstrate their relevance, and appeared to seek factual and legal conclusions from them.
- Additional sanctions were denied because Garcia identified no sanctionable conduct; Experian's statement about Estrada's involvement was supported by Garcia's own filing and was consistent with the court's prior order.
Questions Presented
- Whether Experian or its former counsel should be held in civil contempt for allegedly failing to comply with the October 2, 2025 discovery order.
- Whether Experian should be sanctioned for the alleged discovery-order noncompliance and related conduct.
- Whether the case deadlines should be extended by 45 days and whether further extensions should be barred.
- Whether a protective order was warranted based on alleged discovery abuse and litigation gamesmanship.
- Whether Experian should be compelled to provide supplemental or amended discovery responses and sanctioned.
- Whether Garcia should be permitted to request judicial notice of state court orders, mail-tracking records, and case law without attaching the documents or demonstrating their relevance.
- Whether additional sanctions were warranted based on alleged misrepresentations about document mailing dates and statements concerning Tammy Estrada's role.
Disposition
other
Cases Cited (5)
- F.T.C. v. Kuykendall, 371 F.3d 745, 756-57 (10th Cir. 2004)(followed)
- Spectra Sonics Aviation, Inc. v. Ogden City, No. 89-4142, 1991 WL 59369, at *2 (10th Cir. Apr. 19, 1991)(followed)
- Faircloth v. Hickenlooper, No. 18-cv-01249-RM-STV, 2019 WL 13359576, at *2 (D. Colo. Feb. 13, 2016)(followed)
- White River Vill., LLP v. Fidelity & Deposit Co. of Maryland, Nos. 08-cv-00248-REB-MEH, 08-cv-00359-REB-MEH, 2009 WL 2913242, at *1 (D. Colo. Sept. 8, 2009)(followed)
- Maturin v. T-Mobile USA, Inc., No. 24-cv-1125 JCH/SCY, 2025 WL 1642420, at *3 (D.N.M. June 10, 2025)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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