Guitierrez v. Gonzales et al
ORDER SETTING SCHEDULING/PLANNING CONFERENCE: Scheduling Conference set for 9/30/2009 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix by Magistrate Judge Kristen L. Mix on 7/31/2009. (Attachments: # 1 Instructions for Preparation of Scheduling Order)(klmcd)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01053-CMA-KLM FERNANDO L. GUTIERREZ, Plaintiff, v. DEPUTY GONZALES, DEPUTY STURTAVANT, LT. TOTH, KIRK M. TAYLOR, PUEBLO COUNTY SHERIFF, PUEBLO COUNTY SHERIFF'S OFFICE, and BOARD OF COUNTY COMMISSIONER OF PUEBLO COUNTY, Defendants.
ORDER SETTING SCHEDULING/PLANNING CONFERENCE (as amended effective June 1, 2009) The above captioned case has been referred to Magistrate Judge Kristen L. Mix pursuant to the Order of Reference entered by District Judge Christine M. Arguello on June 3, 2009. Since the Order of Reference, counsel has entered his appearance on behalf of Plaintiff and filed an Amended Complaint [Docket No. 24]. Accordingly, counsel shall effect service of the Summons and Amended Complaint on Defendants on or before August 20, 2009. In the alternative, because Plaintiff maintains his in forma pauperis status, counsel may request that service be effected by the United States Marshal. See, e.g., Lindsey v. U.S.R.R. Retirement Bd., 101 F.3d 444, 447 & n.4 (5th Cir. 1996) (noting that Marshal service is authorized where in forma pauperis plaintiff first requests it). Any motion to this effect must be filed no later than August 7, 2009. A. Date of Scheduling Conference IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Fed.R.Civ.P. 16(b) shall be held on September 30, 2009, commencing at 10:00 a.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. B. How to Request Different Date for Scheduling Conference 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.
C. How to Request Appearance By Telephone at Scheduling Conference 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. D. Plaintiff's Duty to Notify Parties of 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. E. Parties' Obligations Before Scheduling Conference 1. Scheduling Order IT IS 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 DO ONE OF THE FOLLOWING: (1) If the parties agree that it is appropriate to do so, 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 form. 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: "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 (2) If the parties agree that the form scheduling order is inadequate given the nature of the case, prepare to discuss scheduling and case management issues with the Magistrate Judge at the scheduling conference. If the parties select the first option, 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 Mix_Chambers@cod.uscourts.gov 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. 2. Mandatory Disclosures
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. 3. Confidential Settlement Statements 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 Mix_Chambers@cod.uscourts.gov. 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. F. Miscellaneous 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 courtordered 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. DATED: July 31, 2009 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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