Taylor Moving, LLC v. Voigt et al

Filing 133

ORDER. ORDERED that the six-day jury trial set to commence on Monday, August 19, 2013, is VACATED and CONTINUED to Monday, October 28, 2013. ORDERED that a Final Trial Preparation Conference is set for Tuesday, October 15, 2013, at 4:00 p.m. in Cou rtroom A-1002. ORDERED that Taylor Moving, LLC, shall respond to the defendants' Motion In Limine Precluding Expert Witness Testimony On The Issue Of Damages 125 on or before Wednesday, August 21, 2013. ORDERED that the parties shall jointly contact Magistrate Judge Boland's chambers on or before Friday, August 9, 2013, to set a settlement conference at Magistrate Judge Bolands earliest convenience by Judge Wiley Y. Daniel on 08/07/13. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 11-cv-01540-WYD-BNB
TAYLOR MOVING, LLC, a Colorado limited liability company,
Plaintiff,
v.
MICHAEL VOIGT, an individual;
OPM ENTERPRISES, INC., d/b/a Pride Worldwide Moving & Storage, d/b/a Boulder
Valley Transfer, a Colorado corporation;
TAYLOR MOVING, INC., a Colorado corporation;
TAYLOR MOVING AND STORAGE, INC., a Colorado corporation; and,
BOULDER VALLEY TRANSFER, INC., a Colorado corporation,
Defendants.
______________________________________________________________________
ORDER
______________________________________________________________________
THIS MATTER is before the Court as a result of issues raised at the Final Trial
Preparation Conference held on Tuesday, August 6, 2013.
During the Final Trial Preparation Conference, I alerted both parties that a
scheduling conflict exists regarding trial. A six-day jury trial is set to commence on
Monday, August 19, 2013. However, a seven-day jury trial in a criminal case is set to
commence on that same day. Due to issues related to the Speedy Trial Act, 18 U.S.C.
§ 3161, et seq., which I explained to both parties during the conference, the criminal
case takes priority over this case. The parties agreed to an alternative date for a Final
Trial Preparation Conference as well as a new date to commence the six-day jury trial.
Accordingly, it is

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ORDERED that the six-day jury trial set to commence on Monday, August 19,
2013, is VACATED and CONTINUED to Monday, October 28, 2013. It is
FURTHER ORDERED that a Final Trial Preparation Conference is set for
Tuesday, October 15, 2013, at 4:00 p.m. in Courtroom A-1002. It is
FURTHER ORDERED that Taylor Moving, LLC, shall respond to the
defendants’ Motion In Limine Precluding Expert Witness Testimony On The Issue
Of Damages [ECF No. 125] on or before Wednesday, August 21, 2013. It is
FURTHER ORDERED that the parties shall meet and confer regarding jury
instructions and submit a new set of stipulated jury instructions that inter alia,
contain instructions on substantive matters i.e., elements of Taylor Moving,
LLC’s, claims, including claims brought under the Racketeer Influenced and
Corrupt Organization Act, 18 U.S.C. § 1961, et seq. The new set of stipulated
instructions shall be filed in accordance with my PRACTICE STANDARDS.1
Prior to the conclusion of the conference, Taylor Moving, LLC, requested that I
order the parties to engage in a settlement conference. The defendants did not object.
Therefore, it is
FURTHER ORDERED that the parties shall jointly contact Magistrate Judge
Boland’s chambers on or before Friday, August 9, 2013, to set a settlement
conference at Magistrate Judge Boland’s earliest convenience. On or before the
third day after the settlement conference, the parties shall file a Joint Status
Report apprising the Court of the status of settlement negotiations and the
likelihood of settlement.
1

My PRACTICE STANDARDS are available for viewing at
http://www.cod.uscourts.gov/Portals/0/Documents/Judges/WYD/wyd_2011-Revised-PracticeStandards.pdf.

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Dated: August 7, 2013.

BY THE COURT:
/s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior U. S. District Judge

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