Dutro v. Colorado Department of Corrections et al

Filing 41

ORDER re: 39 Letter filed by George Allenkalani Dutro. IT IS HEREBY ORDERED that the Clerk shall change Plaintiffs address on the docket to reflect his new address, as indicated in his letter. IT IS FURTHER ORDERED that the Preliminary Scheduling C onference set for March 9, 2010 at 10:00 a.m. is reset as a Scheduling Conference pursuant to Fed. R. Civ. P. 16. Scheduling Conference set for 3/9/2010 10:00 AM before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 1/21/2010. (erv, ) (Modified on 1/27/2010 edited out duplicate text)(erv, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00642-WYD-KLM GEORGE ALLENKALANI DUTRO, Plaintiff, v. CCA - CROWLEY COUNTY CORRECTIONAL FACILITY, Contractor for CDOC, JUDY BRIZENDINE, Medical HSA, in her individual capacity, JUDY BRIZENDINE, Medical HSA, as an agent for CCA, SUTTON, Dr., in his individual capacity, SUTTON, Dr., as an agent for CCA, CABILING, Dr., in his individual capacity, CABILING, Dr., as an agent for CCA, OBBA, Dr., in his individual capacity, OBBA, Dr., as an agent for CCA, RENAE JORDAN, as an agent CCA, and RENAE JORDEN, in his individual capacity Defendants. ORDER ________________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on a letter filed by Plaintiff and addressed to Magistrate Judge Boyd N. Boland [Docket No. 39; Filed January 19, 2010]. In the letter, Plaintiff states that he has been released from the custody of the Colorado Department of Corrections and is currently living at 5441 S. Wood Street, Chicago, IL 60609. Accordingly, IT IS HEREBY ORDERED that the Clerk shall change Plaintiff's address on the docket to reflect his new address, as indicated in his letter. IT IS FURTHER ORDERED that the Preliminary Scheduling Conference set for March 9, 2010 at 10:00 a.m. is reset as a Scheduling Conference pursuant to Fed. R. Civ. P. 16. If this date is not convenient for any counsel/pro se party, he/she shall file a motion to reschedule the conference to a more convenient date, and shall list dates in the motion which are available for all counsel/pro se parties. Absent exceptional circumstances, no request for rescheduling any appearance in this court will be considered unless a motion is made FIVE (5) business days in advance of the date of appearance. If you wish to appear at the Scheduling Conference by telephone, you must file a

motion seeking permission to appear by telephone and setting forth good cause for a telephonic appearance. No such motion will be granted unless it is filed at least FIVE (5) business days in advance of the scheduling conference. The plaintiff shall notify all parties who have not entered an appearance as of the date of this Order of the date and time of the Scheduling/Planning Conference set forth above. IT IS FURTHER ORDERED that counsel/pro se parties in this case are to hold a pre-scheduling conference meeting at least twenty-one (21) days before the scheduling conference pursuant to Fed. R. Civ. P. 26(f)(1) and prepare a proposed Scheduling Order in accordance with Fed. R. Civ. P. 26(f), as amended. The instructions for completing the Scheduling Order may be found on the Court's website (www.cod.uscourts.gov) with the scheduling order forms. Please be aware that effective December 1, 2009, there are TWO forms of Scheduling Order available on the Court's website under the "Local Rules" tab: one form for non-administrative review cases and one form for cases seeking review on an administrative record. PLEASE USE THE CURRENT and CORRECT FORM FOR YOUR CASE. Pursuant to Fed. R. Civ. P. 26(d), as amended, no discovery is to be exchanged until after the Rule 26(f) conference meeting. The parties shall include the following language in paragraph 8(h)(5) of their proposed Scheduling Order in non-administrative review cases: "Other Planning or Discovery Orders: No opposed discovery motions are to be filed with the Court until the parties comply with D.C.COLO.LCivR. 7.1(A). If the parties are unable to reach agreement on a discovery issue after conferring, they shall arrange a conference call with Magistrate Judge Mix to attempt to resolve the issue. Both of these steps must be completed before any contested discovery motions are filed with the Court;" OR No later than five (5) calendar days prior to the Scheduling/Planning Conference, counsel/pro se parties shall submit their proposed Scheduling Order (in PDF) in compliance with the Court's Electronic Case Filing Procedures which are also available on the Court's website. An additional copy of the proposed scheduling order is to be provided to my chambers at [e-mail] by e-mail attachment with the subject line stating "proposed Scheduling Order" and in WordPerfect format. Parties who are pro se or do not have access to the internet may obtain the scheduling order form and instructions from the Clerk's Office, Room A105, in the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado, 80294. Scheduling Orders prepared by parties not represented by counsel, or without access to electronic case filing, are to be submitted to the Clerk of the Court on paper. IT IS FURTHER ORDERED that on or before 14 days after the Rule 26(f) pre-scheduling conference meeting, the parties shall comply with the mandatory disclosure requirements of Fed.R.Civ.P. 26(a)(1), as amended.

IT IS FURTHER ORDERED that at least five (5) calendar days before the Scheduling/Planning Conference, counsel/pro se parties shall submit a brief Confidential Settlement Statement to the Magistrate Judge ONLY, outlining the facts and issues involved in the case, and the possibilities for settlement, including any settlement authority from the client. Electronic case filing participants are to submit their Confidential Settlement statements to chambers at [e-mail]. with the subject line stating "Confidential Settlement Statement" along with the case number and case caption. The Confidential Settlement statement should be submitted in PDF format and sent as an attachment to the e-mail. Documents with attachments totaling over 15 pages shall be submitted to the Clerk's office in an envelope labeled "Personal Materials" addressed to Magistrate Judge Kristen L. Mix.1 Counsel/pro se parties should be prepared to discuss settlement at the Scheduling/Planning Conference. All out-of-state counsel shall comply with D.C.COLO.LCivR 83.3 before the Scheduling/Planning Conference. It is the responsibility of counsel/pro se parties to notify the Court of his/her entry of appearance, notice of withdrawal, notice of substitution of counsel, or notice of change of address, e-mail address, or telephone number by complying with the Court's Electronic Case Filing Procedures or paper-filing the appropriate document with the Court. The Parties are further advised that they shall not assume that the Court will grant the relief requested in any motion. Failure to appear at a court-ordered conference or to comply with a court-ordered deadline which has not been vacated by court order may result in the imposition of sanctions under Fed. R. Civ. P. 16(f). Anyone seeking entry to the Byron G. Rogers United States Courthouse will be required to show valid photo identification. See D.C.COLO.LCIVR. 83.2B. Failure to comply with this requirement will result in denial of entry to the courthouse. The parties shall not send letters directly to the judges of this Court. Letters, pleadings, or other papers shall be submitted through the Clerk. The parties shall notify the Clerk of any change of address during the pendency of the case. DATED: January 21, 2010 at Denver, Colorado. BY THE COURT: s/ Kristen L. Mix Kristen L. Mix
United States Magistrate Judge

Do not label this envelope "confidential settlement statement" because you will risk the public filing of the document.

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