Alpers v. Town of Erie et al

Filing 23

COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Scheduling Conference was held on 7/27/2010. Discovery due by 3/31/2011. Dispositive Motions due by 4/29/2011. A Telephonic Status Conference is set for 9/30/2010 at 10:45 AM before Magistrate Judge Craig B. Shaffer. Counsel shall coordinate a conference call among themselves prior to contacting the court at 303.844.2117 at the scheduled time. A Final Pretrial Conference is set for 7/21/2011 at 09:15 AM before Magistrate Judge Craig B. Shaffer. A Proposed Final Pretrial Order is due 5 days prior. ORDERED: Motion to Stay Discovery Pending Determination of Qualified Immunity, doc # 15 is DENIED WITHOUT PREJUDICE to the individual defendan ts' rights to assert qualified immunity in response to specific discovery requests, as appropriate. The court is also DENYING the Motion to Stay Discovery WITHOUT PREJUDICE to the Town of Erie's right to object, consistent with the factors set forth in Rule 26(b)(2)(c). ORDERED: Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment & Motion to Stay Discovery # 20 is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTE D to the extent that it seeks time to respond to the Motion for Summary Judgment # 14 . The Response to the Motion for Summary Judgment is due on or before JULY 30, 2010. The Motion is DENIED AS MOOT to the extent that it seeks time to respond to the Motion to Stay Discovery. 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-01105-WDM-CBS Date: July 27, 2010 JOHN H. ALPERS, JR., Plaintiff, v. TOWN OF ERIE, et al., Defendants. COURTROOM MINUTES/MINUTE ORDER HEARING: RULE 16(b) SCHEDULING CONFERENCE Court in session: 9:04 a.m. Court calls case. Appearances of counsel. Also present is Jennifer Wagner, Intern for Hurth, Yeager, Sisk & Blakemore, LLP. Parties have held a Rule 26(f) meeting and Rule 26(a) disclosures have been fulfilled.
THE FOLLOWING WILL CONFIRM THE ACTIONS TAKEN AND DATES SET AT THE SCHEDULING CONFERENCE HELD THIS DATE:

FTR - Reporter Deck-Courtroom A402 Courtroom Deputy: Linda Kahoe Qusair Mohamedbhai W. Harold Flowers, Jr.

Sarah Elizabeth McCutcheon Thomas Sullivan Rice

Deadline for Amendment of pleadings/Joinder of parties: SEPTEMBER 10, 2010 Discovery Cut-off: MARCH 31, 2011 Dispositive Motions deadline: APRIL 29, 2011 Parties shall designate affirmative experts on or before JANUARY 21, 2011 Parties shall designate rebuttal experts on or before FEBRUARY 28, 2011 Each party shall be limited to 3 expert witnesses, absent leave of court. Each party shall be limited to 10 depositions, absent leave of court. Interrogatories, Requests for Production of Documents, and Requests for Admissions shall be served no later than FEBRUARY 25, 2011. FINAL PRETRIAL CONFERENCE is set for JULY 21, 2011 at 9:15 a.m. Final Pretrial Order is due no later than FIVE DAYS before the Final Pretrial Conference. (See the court's website for Instructions for Preparation and Submission)

ORDERED:

A TELEPHONIC STATUS CONFERENCE is set for SEPTEMBER 30, 2010 at 10:45 a.m. to discuss the prospects for settlement and the timing of a settlement conference. (Counsel shall coordinate a conference call among themselves prior to contacting the court at 303.844.2117 at the scheduled time.)

TRIAL: The parties anticipate a 5 day jury trial. Discussion regarding Motion to Stay Discovery Pending Determination of Qualified Immunity, doc #[15], filed 7/1/2010. For the reasons as stated on the record, it is: ORDERED: The Motion to Stay Discovery Pending Determination of Qualified Immunity, doc #[15] is DENIED WITHOUT PREJUDICE to the individual defendants' rights to assert qualified immunity in response to specific discovery requests, as appropriate. The court is also DENYING the Motion to Stay Discovery WITHOUT PREJUDICE to the Town of Erie's right to object, consistent with the factors set forth in Rule 26(b)(2)(c). Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment & Motion to Stay Discovery is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED to the extent that it seeks time to respond to the Motion for Summary Judgment #[14]. The Response to the Motion for Summary Judgment is due on or before JULY 30, 2010. The Motion is DENIED AS MOOT to the extent that it seeks time to respond to the Motion to Stay Discovery.

ORDERED:

Counsel may not file any OPPOSED discovery motions without leave of court. Counsel are instructed that should a discovery dispute arise they are to comply with Local Rule 7.1A. in an effort to resolve the issues. If that is unsuccessful, counsel shall establish a conference call adding Magistrate Judge Shaffer as the last connection. The Court will hear arguments and attempt to mediate a resolution. The Court will instruct counsel at that time as to whether or not to file a discovery motion. ! Scheduling Order is signed and entered with interlineations.

HEARING CONCLUDED. Court in recess: 9:26 a.m. Total time in court: 00:22
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