Aranda v. McCormac et al

Filing 252

ORDER Court vacates the 11/7/11 trial date and all associated deadlines. All pending motions are denied as moot. Dismissal Paper due by 1/6/2012. Motion to substitute the Department of Corrections as the defendnat shall be filed on or before 1/5/12. The 228 Writ of Habeas Corpus ad Testificandum is vacated, by Judge William J. Martinez on 10/31/11. (gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 08-cv-00487-WJM-KMT
DERRICK L. ARANDA,
Plaintiff,
v.
LT. MCCORMAC and
LT. STRODE,
Defendants.
_____________________________________________________________________
ORDER VACATING TRIAL, SETTING DEADLINES FOR DISPOSITIONAL
DOCUMENTS, AND VACATING WRIT OF HABEAS CORPUS AD TESTIFICANDUM
_____________________________________________________________________
This matter is set for a four-day jury trial to commence on November 7, 2011. At
a hearing on October 31, 2011, counsel for the parties represented to the Court that
they had agreed to all material terms of a binding settlement. Counsel are in the
process of drafting the settlement documents and obtaining the necessary releases and
signatures. The Court was informed that, because of the nature of the parties to this
action, finalization of the settlement agreement will likely take longer than in a typical
civil case and could not be accomplished in advance of the November 7, 2011 trial
date.
Based on the on-record recitation of and agreement to the settlement terms, and
in the interest of justice, the Court hereby VACATES the November 7, 2011 trial date
and all associated deadlines. In addition, all pending motions are hereby DENIED as
moot. The Court ORDERS that dispositional documents be filed no later than January

6, 2012. Any motion to substitute the Department of Corrections as the Defendant shall
be filed on or before January 5, 2012.
On October 7, 2011, the Court granted Plaintiff’s Motion for a Writ of Habeas
Corpus Ad Testificandum and ordered the United States Marshal to produce Plaintiff
Derrick Aranda in the District of Colorado sufficiently in advance of trial so as to allow
him time to prepare with his attorneys. (ECF No. 228.) The Court having vacated the
November 7, 2011 trial setting, Plaintiff’s presence in the District of Colorado is no
longer required at this time. Accordingly, the Court’s October 7, 2011 Writ of Habeas
Corpus Ad Testificadum is hereby VACATED.

Dated this 31st day of October, 2011.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge

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