Allen v. Reid et al

Filing 167

ORDER REGARDING TRIAL DATES granting 164 Defendants Motion to Vacate Trial. IT IS FURTHER ORDERED that the Final Trial Preparation Conference set for November 13, 2009, at 2:30 p.m., and the two-day jury trial set to commence November 30, 2009 are VACATED. Upon completion of this Courts review of and ruling on the Magistrate Judges Recommendation, the above-referenced trial dates will be reset, if necessary. denying 163 Plaintiff's Motion to Proceed with Trial; by Judge Christine M. Arguello on 11/5/09.(erv, ) (Modified on 11/6/2009 corrected typing errors)(erv, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 07-cv-01224-CMA-MJW SHAWN D. ALLEN, Plaintiff, v. SGT. SCHMUTZLER, Defendant. ORDER REGARDING TRIAL DATES This matter is before the Court on Plaintiff's Motion to Proceed With Trial Pro Se (Doc. # 163) and Defendant's Motion to Vacate Trial [Dates] (Doc. # 164). The Court notes that there is an outstanding Magistrate Judge's Recommendation (Doc. # 161), filed October 23, 2009, regarding Defendant's Motion for Summary Judgement (Doc. # 118). Pursuant to Federal Rules of Civil Procedure, any objection to the Recommendation is due November 6, 2009 (F.R.Civ.P. 72(b)) and any response will be due 10 business days from the date of filing of such objection, F.R.Civ.P. 6(a)(2) and (4). In order to allow adequate time for the parties to respond and for the Court to consider the Magistrate Judge's Recommendation and conduct a proper de novo review, the Court FINDS as follows:

1)

That Plaintiff's Motion to Proceed With Trial (Doc. # 163) is DENIED to the extent that the current trial dates will be vacated; and

2)

That Defendant's Motion To Vacate Trial (Doc. # 164) is GRANTED.

IT IS FURTHER ORDERED that the Final Trial Preparation Conference set for November 13, 2009, at 2:30 p.m., and the two-day jury trial set to commence November 30, 2009 are VACATED. Upon completion of this Court's review of and ruling on the Magistrate Judge's Recommendation, the above-referenced trial dates will be reset, if necessary. DATED: November 5 , 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge

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