Laratta v. Zavaras et al

Filing 105

ORDER. The Recommendation To Modify Case and Trial Schedule 102 filed10/10/2010, is APPROVED AND ADOPTED. The First Amended Prisoner Complaint Consistent With Order 99 filed 10/12/2010, is ACCEPTED. The defendants SHALL FILE a response to the am ended complaint 99 on or before 11/19/2010. The dispositive motions deadline is EXTENDED to 12/06/2010. The Trial Preparation Conference scheduled for 12/03/2010 and the Jury Trial scheduled for 12/13/2010, are VACATED and CONTINUED. On 11/17/20 10, at 10:00 a.m., the court shall conduct a telephonic setting conference to reset the Trial Preparation Conference and jury trial in this matter. The Defendants Motion for Extension of Time To File Jury Instructions 104 filed 11/03/2010, is DENIED as moot. By Judge Robert E. Blackburn on 11/05/2010. by Judge Robert E. Blackburn on 11/05/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-02498-REB-MEH GIOVANNI LARATTA Plaintiff, v. CHRIS BARR, and SUSAN JONES, Defendant. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. This matter is before me on the following: (1) the Recommendation To Modify Case and Trial Schedule [#102] filed October 10, 2010; and (2) the Defendants' Motion for Extension of Time To File Jury Instructions [#104] filed November 3, 2010. No objections to the recommendation have been filed and, therefore, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).1 Finding no such error in the magistrate judge's recommended, I find and conclude that the recommendation should be approved and adopted. I deny the motion for extension of time as moot. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation To Modify Case and Trial Schedule [#102] filed October 10, 2010, is APPROVED AND ADOPTED as an order of this court; 2. That the First Amended Prisoner Complaint Consistent With Order [#99] filed

This standard pertains even though plaintiff is proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122.

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October 12, 2010, is ACCEPTED for filing as the operative complaint; 3. That the defendants SHALL FILE a response to the amended complaint [#99] on or before November 19, 2010; 4. That the dispositive motions deadline is EXTENDED to December 6, 2010; 5. That the magistrate judge shall schedule a Final Pretrial Conference on a date suitable to the magistrate judge; 6. That the Trial Preparation Conference scheduled for December 3, 2010 and the Jury Trial scheduled for December 13, 2010, are VACATED and CONTINUED pending further order of court; 7. That on November 17, 2010, at 10:00 a.m., the court shall conduct a telephonic setting conference to reset the Trial Preparation Conference and jury trial in this matter; 8. That counsel for the defendant shall arrange, initiate, and coordinate the conference call necessary to facilitate the setting conference; 9. That given the defendants named in the caption of the First Amended Prisoner Complaint Consistent With Order [#99] filed October 12, 2010, the caption of this case is AMENDED to identify the defendants as Jim Brown and Susan Jones; and 10. That the Defendants' Motion for Extension of Time To File Jury Instructions [#104] filed November 3, 2010, is DENIED as moot. Dated November 5, 2010, at Denver, Colorado. BY THE COURT:

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