Smith et al v. Social Security Administration

Filing 20

ORDER Setting Scheduling/Planning Conference set for 7/11/2012 11:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 4/25/12. (Attachments: # 1 Instructions for Preparation of Scheduling Order, # 2 Proposed Scheduling Order, # 3 Notice of Availability of a United States Magistrate Judge To Exercise Jurisdiction) (mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00328-MSK-KLM
SHANNON R. SMITH,
Plaintiff,
v.
SOCIAL SECURITY ADMINISTRATION,
Defendant.
SSA NOTICING,
Interested Party.

ORDER SETTING
SCHEDULING/PLANNING CONFERENCE
AND ADVISEMENT TO PRO SE PLAINTIFFS
(as amended effective December 1, 2011)
The above captioned case has been referred to Magistrate Judge Kristen L. Mix pursuant
to the Order of Reference entered by District Judge Marcia S. Krieger on April 24, 2012. The
plaintiff, who is proceeding pro se, shall take particular notice of these instructions as any
failure to comply may result in the imposition of sanctions and/or dismissal of her case.
A. Date of Scheduling Conference
IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Fed.R.Civ.P.
16(b) shall be held on July 11, 2012, commencing at 11:00 a.m. in Courtroom C-204, Second
Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado.
B. How to Request Different Date for Scheduling Conference
If this date is not convenient for any counsel or pro se party, he or she shall file a motion to
reschedule the conference to a more convenient date, and shall list dates in the motion which are
available for all counsel and pro se parties. Absent exceptional circumstances, no request for
rescheduling any appearance in this court will be considered unless a motion is made five (5)
business days in advance of the date of appearance.
C. How to Request Appearance By Telephone at Scheduling Conference
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If you wish to appear at the Scheduling Conference by telephone, you must file a motion
seeking permission to appear by telephone and setting forth good cause for a telephonic
appearance. No motion for any telephonic appearance will be granted unless it is filed at least five
(5) business days in advance of the date of appearance.
D. Plaintiff’s Duty to Notify Parties of Scheduling Conference
Despite the fact that the plaintiff is proceeding pro se, she shall notify all parties who have
not entered an appearance as of the date of this Order of the date and time of the
Scheduling/Planning Conference set forth above.
E. Parties’ Obligations Before Scheduling Conference
1. Scheduling Order
IT IS FURTHER ORDERED that counsel and pro se parties in this case are to hold a prescheduling conference meeting at least twenty-one (21) days before the scheduling conference
pursuant to Fed. R. Civ. P. 26(f)(1). Pursuant to D.C.COLO.LCivR 16.1, the plaintiff is responsible
for preparing a proposed Scheduling Order in accordance with Fed. R. Civ. P. 26(f), as amended.
The instructions for completing the Scheduling Order may be found on the Court’s website
(www.cod.uscourts.gov) with the scheduling order forms. PLEASE USE THE ATTACHED
SCHEDULING FORM FOR YOUR CASE.
Pursuant to Fed. R. Civ. P. 26(d), as amended, no discovery is to be exchanged until after
the Rule 26(f) conference meeting.
No later than five (5) calendar days prior to the Scheduling/Planning Conference, counsel
and pro se parties shall submit their proposed Scheduling Order in compliance with the Court’s
Electronic Case Filing Procedures which are also available on the Court’s website. An additional
copy of the proposed scheduling order is to be provided to my chambers at
[e-mail] by e-mail attachment with the subject line stating “proposed
Scheduling Order.”
Parties who are pro se or do not have access to the internet may obtain the scheduling
order form and instructions from the Clerk’s Office, Room A105, in the Alfred A. Arraj United States
Courthouse, 901 19th Street, Denver, Colorado, 80294. Scheduling Orders prepared by parties
not represented by counsel, or without access to electronic case filing, are to be submitted to the
Clerk of the Court on paper.
2. Mandatory Disclosures
IT IS FURTHER ORDERED that on or before 14 days after the Rule 26(f) pre-scheduling
conference meeting, the parties shall comply with the mandatory disclosure requirements of
Fed.R.Civ.P. 26(a)(1), as amended.
F. Miscellaneous
All out-of-state counsel shall comply with D.C.COLO.LCivR 83.3 before the
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Scheduling/Planning Conference.
It is the responsibility of all counsel and pro se parties to notify the Court of his or her entry
of appearance, withdrawal of appearance, substitution of counsel, or change of address, e-mail
address, or telephone number by complying with the Court’s Electronic Case Filing Procedures or
paper-filing the appropriate document with the Court.
The Parties are further advised that they shall not assume that the Court will grant the relief
requested in any motion. Failure to appear at a court-ordered conference or to comply with
a court-ordered deadline which has not been vacated by court order, including deadline to
prepare and submit a proposed scheduling order, may result in the imposition of sanctions
under Fed. R. Civ. P. 16(f), including the payment of the opposing parties’ expenses in
attending the scheduling conference, and/or dismissal of the case.
Anyone seeking entry to the Byron G. Rogers United States Courthouse will be required to
show valid photo identification. See D.C.COLO.LCivR 83.2B. Failure to comply with this
requirement will result in denial of entry to the courthouse.
DATED: April 25, 2012 at Denver, Colorado.

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