Mathison v. USA et al

Filing 42

COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Scheduling Conference was held on 9/24/2010. ORDERED: The Motion for Clarification of Minute Order, doc # 30 is DENIED AS MOOT. Plaintiff's oral motion to withdraw doc #34 is GRANTED. Motion to Compel and for Costs, doc # 34 is WITHDRAWN WITHOUT PREJUDICE. A further Preliminary Scheduling Conference set for 10/7/2010 at 01:30 PM before Magistrate Judge Craig B. Shaffer. Mr. Mathison is di rected to make arrangements with his case manager to participate in this conference telephonically, and to call the court at 303.844.2117 promptly at the scheduled time. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U.S. Magistrate Judge Craig B. Shaffer Civil Action: 10-cv-00519-DME-CBS Date: September 24, 2010 EUGENE H. MATHISON, Plaintiff, v. USA, et al., Defendants. COURTROOM MINUTES/MINUTE ORDER HEARING: PRELIMINARY SCHEDULING CONFERENCE Court in session: 8:30 a.m. Court calls case. Appearance of counsel. Plaintiff appears pro se via phone. Discussion regarding Motion for Clarification of Minute Order of July 19, 2010, doc #[30], filed 7/23/2010. ORDERED: Motion for Clarification, doc #[30], is DENIED as MOOT. Mark S. Pestal FTR - Reporter Deck-Courtroom A402 Courtroom Deputy: Linda Kahoe Pro se (via phone)

Discussion regarding Motion to Compel and for Costs Pursuant to Fed.R.Civ.P. 37, doc #[34], filed 8/24/2010. Mr. Mathison makes an oral Motion to Withdraw the Motion to Compel. ORDERED: Plaintiff's oral Motion to Withdraw is GRANTED. The Motion to Compel, doc #[34], is WITHDRAWN WITHOUT PREJUDICE.

Discussion regarding Motion for Summary Judgment Pursuant to Fed.R.Civ.P. 56, doc #[35], filed 8/24/2010. Discussion regarding Defendant's Motion for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment, doc #[38], filed 9/9/2010. The court states that Mr. Pestal has not shown good cause. The court refers to Rule 56(f). Mr. Mathison states he has not received a copy of the Motion for Time. Discussion regarding settlement.

The court suggests that this matter be continued for two weeks to give Mr. Pestal the opportunity to gather medical records; identify what he needs to do to respond to the Motion for Summary Judgment; and to confer with his client to determine the best way to respond to Mr. Mathison's opening settlement offer. ORDERED: A Further Preliminary Scheduling Conference is set for OCTOBER 7, 2010 at 1:30 p.m. Mr. Mathison is directed to make arrangements with his case manager to participate in this conference telephonically, and to call the court at 303.844.2117 promptly at the scheduled time.

HEARING CONCLUDED. Court in recess: 9:01 a.m. Total time in court: 00:31

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