Martinez v. City of Colorado Springs et al

Filing 33

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Oral Argument / Scheduling Conference held on 8/24/2011.Granting 20 Motion to Stay. These proceedings as to defendant Huffman are stayed. Status Report by defendant Huffman due by 10/1/2011 and the first working day of each month thereafter. Fact Discovery due by 5/1/2012; Expert Discovery due by 6/1/2012. Dispositive Motions due by 6/2/2012. Telephonic Status Conference set for 11/29/2011 09:00 AM before Magistrate Judge Michael J. Watanabe. Proposed Pretrial Order due by 8/31/2012. Final Pretrial Conference set for 9/5/2012 09:00 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. 11-cv-01556-REB-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

August 24, 2011

Counsel

Parties
JARROTT MARTINEZ,

Jordan D. Factor
Daniel P. Gerash

Plaintiff(s),
v.
CITY OF COLORADO SPRINGS, a municipality,
SYDNEY HUFFMAN, an individual, and
MICHAEL JELMO, an individual,

Shane M. White
Virginia M. Jeffrey
Gordon L. Vaughan

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING: ORAL ARGUMENT / RULE 16(b) SCHEDULING CONFERENCE
Court in session: 2:30 p.m.
Court calls case. Appearances of counsel. Also present at plaintiff table is attorney James S.
Helfrich.
The Court raises Defendant Sydney Huffman’s Motion to Stay Proceedings and Motion for
Protective Order for oral argument. It is noted a “companion criminal case” 2011-cr-001964, in
El Paso County, Colorado, is pending The People of the State of Colorado v. Sydney Rose
Huffman.
Argument by Mr. Vaughan on behalf of defendant Sydney Huffman.
Response by Mr. White on behalf of defendants City of Colorado Springs and Michael Jelmo,
and by Mr. Factor on behalf of Plaintiff.
It is ORDERED:

Defendant Sydney Huffman’s MOTION TO STAY PROCEEDINGS AND
MOTION FOR PROTECTIVE ORDER [Docket No. 20, Filed August 10,
2011] is GRANTED for reasons as set forth on the record. These
proceedings as to defendant Huffman are STAYED, and a protective
order that no discovery will be had against Ms. Huffman at this time.
Defendant Huffman does not have to answer the Complaint at this time.
Counsel for defendant Huffman may participate in depositions but may
not notice any depositions.

It is ORDERED:

Starting OCTOBER 01, 2011, and on the first working day of each month
thereafter, counsel for defendant Huffman shall file a written STATUS
REPORT updating the Court on the status of the criminal case.

The following will confirm the actions taken and dates set at the scheduling conference held this
date:
Joinder of Parties/Amendment to Pleadings:

OCTOBER 10, 2011

Fact Discovery Cut-off: MAY 01, 2012
Expert Discovery Cut-off: JUNE 01, 2012
Dispositive Motions Deadline: JUNE 02, 2012
Each party/party group shall be limited to seven (7) expert witnesses, without further leave of
Court.
Plaintiff shall designate experts on or before MARCH 01, 2012
Defendants shall designate experts on or before APRIL 02, 2012
Parties shall designate rebuttal experts on or before APRIL 30, 2012
The disclosure of Experts shall be consistent with Fed. R. Civ. P. 26(a)2(B).
Interrogatories, Requests for Production, and Requests for Admissions shall be served on or
before MARCH 29, 2012
Each party/party group may take up to fifteen (15) non-expert depositions. Each deposition
shall be limited to one (1) day of a maximum of seven (7) hours, absent leave of Court. All fact
depositions shall be completed no later than MAY 01, 2012, all expert depositions shall be
completed no later than JUNE 01, 2012.
Parties shall use deposition exhibits numbered in consecutive order, not separated as Plaintiff
Exhibits or Defendant Exhibits. Parties shall not use any duplicative exhibits.
Discussion is held regarding the location of depositions. Parties agree that the depositions may
be taken at a neutral location and that Plaintiff shall pay for the location and shall not seek
reimbursement.
No SETTLEMENT CONFERENCE is set at this time.
A TELEPHONIC STATUS CONFERENCE is set NOVEMBER 29, 2011 at 9:00 a.m.
All participating parties are to be on the call before the Court is contacted; Plaintiff shall create
the conference call. Once the conference call is established, the Court shall be added as the
final connection by dialing [phone] at the scheduled time.
! Topics of discussion will include
(1) Status of discovery
(2) Status of the criminal case of defendant Huffman
(3) timing and need to set a Settlement Conference
(4) Any needed amendments to the Scheduling Order.
FINAL PRETRIAL CONFERENCE set for SEPTEMBER 05, 2012 at 9:00 a.m.
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in Courtroom A-502, Fifth floor, Alfred A. Arraj United States Courthouse, 901 19th Street,
Denver, Colorado 80294.
The proposed final pretrial order shall be filed, and then sent as a Word or WordPerfect
attachment to [e-mail], on or before AUGUST 31, 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.)
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 fifteen (15) day trial to a jury. Parties are directed to call
Judge Blackburn’s chambers August 25, 2011 at 10:00 a.m. to discuss trial dates. All
participating parties are to be on the call before the Court is contacted; Plaintiff shall create the
conference call. Once the conference call is established, the Court shall be added as the final
connection by dialing [phone] at the scheduled time.
! Parties are directed to www.cod.uscourts.gov regarding Judicial Officers’ Procedures
and shall fully comply with the procedures and Practice Standards of the judicial officer
assigned to try this case on the merits.
Absent exceptional circumstances, no request for rescheduling any appearance in this court will
be entertained unless a written request is made FIVE (5) business days in advance of the date
of appearance.
[X]

Scheduling Order is signed and entered with interlineations AUGUST 24, 2011

Hearing concluded.
Court in recess: 3:56 p.m.
Total in-court time: 01:26

To order a transcript of this proceedings, contact Avery Wood Reports

[phone] or

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Toll Free

1-800-962-3345.

M PLEASE NOTE M
When submitting Confidential Settlement Statements to Magistrate Judge Watanabe via e-mail
as a PDF attachment, the parties are required to enter in the Subject line:
1.
2.
3.
4.

Case Number
Date of the Settlement Conference
Short caption
“Plaintiff Confidential Settlement Statement”
OR
“Defendant Confidential Settlement Statement”

EXAMPLE: 00-cv-00123-LTB-MJW Settlement Conf. JUNE 12, 2009 at 1:30 p.m.
Plaintiff CSS

Fargo v. Smith

Statements containing more than 15 pages should also be submitted in hard copy paper form
with the envelope addressed to “Magistrate Judge Watanabe Chambers. Personal and
Confidential”.

When submitting Proposed Final Pretrial Order to Magistrate Judge Watanabe via e-mail , the parties
are required to enter in the Subject line:
1.
2.
3.

Case Number
Date of the Final Pretrial Conference
Short caption

GENERAL INFORMATION
FOR
SETTLEMENT CONFERENCES
BEFORE
MAGISTRATE JUDGE WATANABE

Counsel and pro se litigants shall have parties present who shall have full authority to
negotiate all terms and demands presented by the case, and full authority to enter into a settlement
agreement, including an adjustor if an insurance company is involved. "Full authority" means that the
person who attends the settlement conference has the complete and unfettered capacity and authority to
meet or pay all terms or amounts which are demanded or sought by the other side of the case without
consulting with some other person, committee or agency. If any person has limits upon the extent or
amount within which he or she is authorized to settle on behalf of a party, that person does not have "full
authority." No party shall be permitted to attend the settlement conference by phone unless that
party has obtained leave of Court following the filing of an appropriate motion, no later than five (5)
business days prior to the settlement conference date.
In order that productive settlement discussions can be held, the parties shall prepare and submit
two settlement documents: one to be mailed to the other party or parties, and the other to be mailed only
to the Magistrate Judge. The documents which are presented to opposing parties shall contain an
overview of the case from the presenter's point of view, shall summarize the evidence which supports that
side's claims, and shall present a demand or offer. These documents should be intended to persuade the
clients and counsel or pro se litigant on the other side.
The document to be mailed to the Magistrate Judge shall contain copies of the above materials,
but additionally shall contain any confidential comments which counsel or the pro se litigant wishes to
make, any comments with regard to perceived weaknesses in the case and any comments which would
be helpful to the magistrate in assisting the parties to negotiate a settlement.
ECF participants shall e-mail their Confidential Settlement Statements to chambers with a subject
line CONTAINING: Case Number, short caption, date of conference, and “Confidential Settlement
Statement” to: [e-mail], no later than five (5) business days prior to the
settlement conference date or by any due date given by the Court. The Confidential Settlement Statement
should be in PDF format and sent as an attachment to the e-mail. Statements containing more than 15
pages should also be submitted to chambers on paper (hard copy), with the envelope addressed to
“Magistrate Judge Watanabe Chambers, Personal and Confidential”. Confidential Settlement Statements
prepared by parties not represented by counsel, or without access to ECF, shall be submitted on paper to
the Clerk’s Office.
Anyone seeking entry into a United States Courthouse is required to show a valid current photo
identification. See D.C.COLO.LCivR 83.2. Failure to comply with this requirement may result in denial of
entry to the courthouse.

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PLEASE NOTE ANY ADDITIONAL INFORMATION REQUIRED BY JUDGE BLACKBURN BY
REVIEWING JUDGE BLACKBURN’S PROCEDURES ON THE COURT WEBSITE.
! Information is available at www.cod.uscourts.gov
Forms
Standardized Order Forms:
Appendix G

INSTRUCTIONS FOR PREPARATION OF
FINAL PRETRIAL ORDER
Counsel and any pro se party are directed to meet in advance of the pretrial conference and jointly to develop the
contents of the proposed final pretrial order, which shall be presented for the court’s approval no later than five days
before the final pretrial conference. Also, attention is directed to Fed. R. Civ. P. 16(d), which provides, in pertinent
part, that “[t]he 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.”
Listed on the following pages is a format for matters to be included in the final pretrial order. For convenience of
the court, counsel, and any pro se party, the sequence and terminology in this format should be used in the
preparation of the final pretrial order. The bracketed and italicized information on the form explains what the court
expects.
Final pretrial orders shall be DOUBLE-SPACED in accordance with D.C.COLO.LCivR 10.1E., even though
the instructions in the following format for the proposed scheduling order are single-spaced.

(Rev. 04/15/02)

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Appendix G
(Continued)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No.

Plaintiff(s),
v.

Defendant(s).

FINAL PRETRIAL ORDER

1. DATE AND APPEARANCES

2. JURISDICTION

[Include a statement of the basis for subject matter jurisdiction with appropriate statutory citations. If jurisdiction is
denied, give the specific reason for the denial.]

3. CLAIMS AND DEFENSES

[Summarize the claims and defenses of all parties, including the respective versions of the facts and legal theories.
Do not copy the pleadings. Identify the specific relief sought. Eliminate claims and defenses which are
unnecessary, unsupported, or no longer asserted.]

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4. STIPULATIONS
[Set forth all stipulations concerning facts, evidence, and the applicability of statutes, regulations, rules, ordinances,
etc.]

5. PENDING MOTIONS

[List any pending motion to be decided before trial, giving the filing date and the filing date of any briefs in support
or opposition. Include any motions on which the court expressly has postponed ruling until trial on the merits. If
there are no pending motions, please state, "None."]

6. WITNESSES

a.

List the nonexpert witnesses to be called by each party. List separately:

(1)

witnesses who will be present at trial (see Fed. R. Civ. P. 26(a)(3)(A));

(2)

witnesses who may be present at trial if the need arises (see Fed. R. Civ. P. 26(a)(3)(A)); and

(3)

witnesses where testimony is expected to be presented by means of a deposition and, if not taken
stenographically, a transcript of the pertinent portions of the deposition testimony. See Fed. R.
Civ. P. 26(a)(3)(B).

b.

List the expert witnesses to be called by each party. List separately:

(1)

witnesses who will be present at trial (see Fed. R. Civ. P. 26(a)(3)(A));

(2)

witnesses who may be present at trial (see Fed. R. Civ. P. 26(a)(3)(A)); and

(3)

witnesses where testimony is expected to be presented by means of a deposition and, if not taken
stenographically, a transcript of the pertinent portions of the deposition testimony. See Fed. R.
Civ. P. 26(a)(3)(B).

[With each witness' name, set forth (1) the witness' address and telephone number if not previously disclosed, (2) a
short statement as to the nature and purpose of the witness' testimony, and (3) whether he or she is expected to
testify in person or by deposition.]

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7. EXHIBITS

[a.
List the exhibits to be offered by each party and identify those to be stipulated into evidence. This list
should be specific enough so that other parties and the court can understand, merely by referring to the list, each
separate exhibit which will be offered. General references such as "all deposition exhibits"or"all documents
produced during discovery"are unacceptable.]
(1)

Plaintiff(s):

(2)

Defendant(s):

(3)

Other parties:

[The following paragraph shall be included in the final pretrial order.]

b.
Copies of listed exhibits must be provided to opposing counsel and any pro se party no later than five days
after the final pretrial conference. The objections contemplated by Fed. R. Civ. P. 26(a)(3) shall be filed with the
clerk and served by hand delivery or facsimile no later than 11 days after the exhibits are provided.

8. DISCOVERY

[Use the following language:]
Discovery has been completed.

[Unless otherwise ordered, upon a showing of good cause in an appropriate motion, there will be no discovery after
entry of the final pretrial order.]

9. SPECIAL ISSUES

[List any unusual issues of law which the court may wish to consider before trial. If none, please state, "None."]

10. SETTLEMENT

[Include a certification by the undersigned counsel for the parties and any pro se party that:]
a.

Counsel for the parties and any pro se party met (in person) (by telephone) on ________________, 200__,

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to discuss in good faith the settlement of the case.
b.

The participants in the settlement conference, included counsel, party representatives, and any pro se party.

c.

The parties were promptly informed of all offers of settlement.

d.

Counsel for the parties and any pro se party (do) (do not) intend to hold future settlement conferences.

e.

It appears from the discussion by all counsel and any pro se party that there is [select one]:
(a good possibility of settlement.)
(some possibility of settlement.)
(little possibility of settlement.)
(no possibility of settlement.)

f.
The date of the next settlement conference before the magistrate judge or other alternative dispute
resolution method.
g.

Counsel for the parties and any pro se party considered ADR in accordance with D.C.COLO.LCivR.16.6.

11. OFFER OF JUDGMENT

[The following paragraph shall be included in the final pretrial order:]

Counsel and any pro se party acknowledge familiarity with the provision of rule 68 (Offer of Judgment) of the
Federal Rules of Civil Procedure. Counsel have discussed it with the clients against whom claims are made in this
case.

12. EFFECT OF FINAL PRETRIAL ORDER

[The following paragraph shall be included in the final pretrial order:]

Hereafter, this Final Pretrial Order will control the subsequent course of this action and the trial, and may not be
amended except by consent of the parties and approval by the court or by order of the court to prevent manifest
injustice. The pleadings will be deemed merged herein. This Final Pretrial Order supersedes the Scheduling Order.
In the event of ambiguity in any provision of this Final Pretrial Order, reference may be made to the record of the
pretrial conference to the extent reported by stenographic notes and to the pleadings.

13. TRIAL AND ESTIMATED TRIAL TIME; FURTHER TRIAL
PREPARATION PROCEEDINGS

[State:

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1.

whether trial is to the court or a jury or both,

2.

estimated trial time,

3.

situs of trial, and

4.

any other orders pertinent to the trial proceedings.]

[Counsel and the parties should note that the procedures for setting and conducting trial and for further conferences
before trial vary according to the district judge assigned to the case. The judges all have written procedures which
can be obtained from the clerk's office.]
DATED this _____ day of _____________ 200__.
BY THE COURT:

________________________________
United States Magistrate Judge

APPROVED:

(Name)
(Address)
(Telephone Number)
Attorney for Plaintiff (or Plaintiff, Pro Se)

(Name)
(Address)
(Telephone Number)
Attorney for Defendant (or Defendant,
Pro Se)

[Please affix counsels' and any pro se party's signatures before submission of the final pretrial order

court.]

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to the