Taylor et al v. City of Longmount, Colorado et al
MINUTE ORDER granting in part and denying in part 33 Plaintiff Gale Taylor's Motion to Stay. All proceedings in this case are STAYED until counsel enters an appearance on behalf of Plaintiff Taylor or until 6/15/2011, whichever comes first. Di scovery due by 7/15/2011. Dispositive Motions due by 7/29/2011. Final Pretrial Conference set for 9/19/2011 at 09:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 9/14/2011. By Magistrate Judge Kristen L. Mix on 5/17/11.(mnf, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-01168-PAB-KLM
GALE L. TAYLOR, and
DOUGLAS K. WALSCH,
CITY OF LONGMONT, COLORADO,
OFFICER BRIAN DEAN, in his official capacity, and
OFFICER SARA AERNE, in her official capacity,
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff Gale Taylor’s Motion to Stay [Docket No.
33; Filed May 16, 2011] (the “Motion”). The Motion contains three distinct requests for
relief: (1) an order vacating the deposition of Plaintiff Taylor’s expert witness, Dr. Mark
Hoskinson, scheduled for May 18, 2011; (2) an order extending the May 31, 2011 deadline
for the completion of discovery by ninety days; and (3) an order staying all proceedings in
this case until June 15, 2011 to allow Plaintiff Taylor time to retain counsel.
As an initial matter, the Motion does not comply with D.C.COLO.LCivR 7.1A, which
provides as follows: “The Court will not consider any motion, other than a motion under
Fed. R. Civ. P. 12 or 56, unless counsel for the moving party or a pro se party, before filing
the motion, has conferred or made reasonable, good faith efforts to confer with opposing
counsel or a pro se party to resolve the disputed matter. The moving party shall state in
the motion, or in a certificate attached to the motion, the specific efforts to comply with this
rule.” Plaintiff Taylor stated that she corresponded via email with counsel for Defendants
on May 16, 2011 before filing the Motion. However, Plaintiff Taylor did not state her efforts
to confer with counsel for Plaintiff Walsch to ascertain his position with request to the
requested relief. The Motion is subject to denial on this basis alone. Nevertheless, in the
interest of expedience,
IT IS HEREBY ORDERED that the Motion is GRANTED in part and DENIED in
IT IS FURTHER ORDERED that the deposition of Dr. Mark Hoskinson set for May
18, 2011 is vacated. The parties shall confer and reschedule the deposition for some time
after June 15, 2011.
IT IS FURTHER ORDERED that all proceedings in this case are STAYED until
counsel enters an appearance on behalf of Plaintiff Taylor or until June 15, 2011,
whichever comes first.
IT IS FURTHER ORDERED that this case will not be stayed beyond June 15, 2011
for the purpose of allowing Plaintiff Taylor time to retain counsel. In other words, if Plaintiff
does not retain counsel by June 15, 2011, she may either proceed pro se or voluntarily
dismiss her case pursuant to Fed. R. Civ. P. 41(a).
IT IS FURTHER ORDERED that the deadline for the completion of discovery is
extended to July 15, 2011.
IT IS FURTHER ORDERED that the deadline for filing dispositive motions is
extended to July 29, 2011.
IT IS FURTHER ORDERED that the Final Pretrial Conference set for August 8, 2011
at 9:30 a.m. is vacated and RESET to September 19, 2011 at 9:30 a.m. in Courtroom C204 of the Byron G. Rogers United States Courthouse.
IT IS FURTHER ORDERED that the parties shall submit their proposed pretrial order
no later than September 14, 2011. Parties participating in ECF shall submit their
proposed pretrial order pursuant to the District of Colorado ECF Procedures. The proposed
pretrial order must be submitted in a useable format (i.e., as a WordPerfect document).
Pursuant to the ECF Procedures, the parties shall submit the proposed pretrial order via
email to Mix_Chambers@cod.uscourts.gov. Parties not participating in ECF shall submit
their proposed pretrial order to the Clerk of the Court as a hard copy. However, if any party
in this case is participating in ECF, it is the responsibility of that party to submit the
proposed pretrial order pursuant to the ECF Procedures. The parties shall prepare the
proposed pretrial order in accordance with the form which may be downloaded in
richtext format from the forms section of the Court’s website at
www.co.uscourts.gov. Instructions for downloading in richtext format are posted in
the forms section of the website.
IT IS FURTHER ORDERED that any future motion that does not comply with
D.C.COLO.LCivR 7.1A will be summarily denied without prejudice.
Dated: May 17, 2011
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