Adams v. United States

Filing 46

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Preliminary Scheduling Conference held on 1/28/2013. The court informs the parties that it shall continue the Scheduling Conference and stay discovery until briefing on pen ding dispositive motions is completed. The court GRANTS 35 Motion for Leave. The defendant shall be allowed to file its motion for summary judgment. The plaintiff shall file his response no later than February 28, 2013. The court DENIES 28 Motion for Order. The court informs the plaintiff that it cannot provide information, to the plaintiff, that it does not have. The plaintiff shall file his reply to 42 RESPONSE to 23 MOTION no later than February 28, 2013. A further Scheduling Conference is set for March 13, 2013 at 9:00 a.m. (Plaintiff, or his case manager, shall arrange for his participation via telephone and shall call [phone] at the scheduled time.) FTR: Robin Mason. (cbscd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 12-cv-01076-PAB-CBS
Date: January 28, 2013

FTR - Reporter Deck-Courtroom A402
Courtroom Deputy: Robin Mason

Parties:

Counsel:

ERIC ADAMS,

Pro Se (appearing by telephone)

Plaintiff,

v.
A. ESPINOSA, et al.,

May E. Kim

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: PRELIMINARY SCHEDULING CONFERENCE
Court in session:
9:17 a.m.
Court calls case. Appearances of counsel.
The court addresses Mr. Adams regarding the reason this hearing was set. The court would like to
discuss coming up with a pretrial plan, figure out how much discovery is necessary, and how much
time discovery will take. The court addresses Mr. Adams regarding the plaintiff’s MOTION for
Summary Judgment (Docket No. 23, filed on 11/2/2012) and the defendant’s Amended MOTION
for Leave to File Motion for Summary Judgment Concerning Lack of Administrative Remedies
(Amended to include attachments) (Docket No. 35, filed on 12/31/2012).
The court informs the parties that it shall continue the Scheduling Conference and stay discovery
until briefing on the above motions is completed.
Mr. Adams informs the court and defense counsel that he has not been served with anything from
Ms. May. The court confirms that the mailing address for Mr. Adams is correct. Mr. Adams
confirms that the address is correct. Ms. May informs the court that on Friday, January 18, 2013 she
mailed, Mr. Adams, a full packet of all filings to date. The court informs Ms. May that she must
also contact the B.O.P./ADMAX legal counsel/supervisor to further discuss this situation with the
plaintiff not receiving his mail and relay the necessity of the plaintiff receiving his mail in order to
pursue this case. Ms. May ensues the court that she will comply with this request.

Discussion between the court and Mr. Adams regarding the plaintiff’s MOTION Requesting the
Location Address of Defendant Foshee (Docket No. 28 filed on 11/19/2012) and whether or not
defendant Fochee was properly served by Mr. Adams.
ORDERED: The court DENIES the plaintiff's MOTION Requesting the Location Address of
Defendant Foshee (Docket No. 28 filed on 11/19/2012). The court informs the
plaintiff that it cannot provide information, to the plaintiff, that it does not have.
ORDERED: The court GRANTS the defendant’s Amended MOTION for Leave to File Motion
for Summary Judgment Concerning Lack of Administrative Remedies (Amended to
include attachments) (Docket No. 35, filed on 12/31/2012). The defendant shall be
allowed to file its motion for summary judgment.
ORDERED: The plaintiff shall file his response to the defendant’s Amended MOTION for Leave
to File Motion for Summary Judgment Concerning Lack of Administrative Remedies
(Amended to include attachments) (Docket No. 35, filed on 12/31/2012) no later
than February 28, 2013.
The court addresses Mr. Adams regarding his MOTION for Summary Judgment (Docket No.23,
filed on 11/2/2012) and the defendant’s RESPONSE to #23 MOTION for Summary Judgment
(Docket No. 42, filed on 1/14/2013). The court acknowledges that Mr. Adams has not received the
defendant’s response.
ORDERED: The plaintiff shall file his reply to the defendant's RESPONSE to #23 MOTION for
Summary Judgment (Docket No. 42, filed on 1/14/2013) no later than February 28,
2013.
ORDERED: A further Scheduling Conference is set for March 13, 2013 at 9:00 a.m. Plaintiff,
or his case manager, shall arrange for his participation via telephone and shall call
[phone] at the scheduled time.
Further discussion between the court and Mr. Adams regarding the situation with receiving mail
correspondence. Mr. Adams requests that mail sent to him by Ms. May include the following
language: “OPEN IN PRESENCE OF INMATE ONLY”. This way, Mr. Adams will have to sign
for it ensuring that he receives it and that there is documentation of its receipt. The court iterates
to Ms. May that she will need to contact B.O.P./ADMAX legal counsel/supervisor to make sure Mr.
Adams is receiving mail relevant to this case.
HEARING CONCLUDED.
Court in recess:
Total time in court:

9:31 a.m.
00:14

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods
Reporting at [phone] or toll free at 1-800-962-3345.