Allen v. Allen et al

Filing 36

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 3/8/2011.Granting 32 Defendants' Motion to Vacate Proposed Scheduling Order. Granting 22 Plaintiff's Motion to Amend Claim for Relief. Discovery due by 10/14/2011. Dispositive Motions due by 11/14/2011. Proposed Pretrial Order due by 1/12/2012. Final Pretrial Conference set for 1/17/2012 08:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. (Court Reporter: FTR - Ellen E. Miller) (mjwcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Michael J. Watanabe
Civil Action No. 10-cv-02207-CMA-MJW Date: March 08, 2011 Parties SHAWN D. ALLEN, #11-1143 Arapahoe County Detention Facility Pro Se FTR - Courtroom A-502 Courtroom Deputy, Ellen E. Miller Counsel (by telephone)

Plaintiff(s), v.

NICOLE ALLEN, Limon Correctional Facility CLINT FLORY, Limon Correctional Facility AMY COSNER, Limon Correctional Facility KEITH NORDELL, Legal Manager, Department of Corrections, ANGEL MEDINA, Warden, Limon Correctional Facility KEN SOKOL, Programs Supervisor, Limon Correctional Facility CARYN TUTTLE, Legal Assistant,
Defendant(s).

Emma J. Skivington

COURTROOM MINUTES / MINUTE ORDER HEARING: RULE 16(b) SCHEDULING CONFERENCE Court in session: 9:03 a.m. Court calls case. Appearances of Pro Se Plaintiff by telephone and defense counsel in the courtroom. In the future, if the pro se plaintiff is seeking relief from this court, he must file an appropriate motion, consistent with D.C.COLO.LCivR 7.1. As Pro Se parties are held to the same rules of procedure which apply to other litigants, Pro Se litigants must comply with the fundamental requirements of the Federal Rules of Civil and Appellate Procedure. The pro se plaintiff shall discontinue filing letters to the clerk of court and/or any judicial officer. Further, pro se plaintiff shall put only one case number per pleading and shall refrain from placing all of his case numbers on the papers he files. Plaintiff notes his current Parole Eligibility Date is March 2012. It is ORDERED: Defendants' MOTION TO VACATE PROPOSED SCHEDULING ORDER

[Docket No. 32, Filed March 01, 2011] is GRANTED for reasons as set forth on the record. Therefore, Docket No. 31 Scheduling Order is not considered by the Court, and Docket No. 32-1 Scheduling Order is the operative document and is reviewed on the record.

It is ORDERED:

Plaintiff's MOTION TO AMEND CLAIM FOR RELIEF [Docket No. 22, Filed December 10, 2010] is GRANTED for reasons as set forth on the record. Defendants shall have to and including MARCH 28, 2011 to answer or otherwise respond to the now Amended Complaint.

The following will confirm the actions taken and dates set at the scheduling conference held this date: Parties shall complete their Fed. R. Civ. P. 26(a)(1) disclosures on or before MARCH 25, 2011 Joinder of Parties/Amendment to Pleadings: MAY 16, 2011 Discovery Cut-off: OCTOBER 14, 2011 Dispositive Motions Deadline: NOVEMBER 14, 2011

Each side shall be limited to three (3) expert witnesses, without further leave of Court. Parties shall designate experts on or before JULY 01, 2011 Parties shall designate Rule 26(a)(2) rebuttal experts on or before AUGUST 01, 2011 Interrogatories, Requests for Production, and Requests for Admissions shall be served on or before SEPTEMBER 01, 2011. Each side shall be limited to twenty-five (25) Interrogatories, twenty-five (25) Requests for Production, and twenty-five (25) Requests for Admissions, without leave of Court. Each side shall be limited to ten (10) depositions. Each deposition shall be limited to one (1) day of a maximum of seven (7) hours, absent leave of Court. All depositions, fact and expert witnesses, shall be completed no later than OCTOBER 14, 2011. The parties, jointly or separately, may request by motion that a SETTLEMENT CONFERENCE be set. FINAL PRETRIAL CONFERENCE set for JANUARY 17, 2012 at 8:30 a.m. in Courtroom A-502, Fifth floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. Incarcerated individuals may appear by telephone. The proposed final pretrial order shall be filed, and then sent as a Word or WordPerfect attachment to [e-mail], on or before JANUARY 12, 2012. In the subject line of the e-mail, counsel shall list the case number, short caption, and "proposed final pretrial order." (See www.cod.uscourts.gov for more information.) Page 2 of 3

Valid photo identification is required to enter the courthouse. In accordance with Fed.R.Civ.P. 16(e), the conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties. TRIAL: The parties anticipate a five (5) day trial to a jury. The Honorable Christine M. Arguello will set a Trial Preparation Conference and Trial at a future date. Parties are directed to www.cod.uscourts.gov and shall fully comply with the procedures of the judicial officer assigned to try this case on the merits.

[X]

Scheduling Order is signed and entered with interlineations

MARCH 08, 2011

The Court directs the courtroom deputy to mail a copy of the Local Rules with a copy of the Scheduling Order and the Courtroom Minutes to Plaintiff at the Arapahoe County Detention Center. Hearing concluded. Court in recess: 9:33 a.m. Total in-court time: 00:30

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