McCollum v. USA

Filing 101

MINUTE ORDER denying without prejudice 98 Plaintiff's Motion for Appearance of Witnesses Pursuant to Fed. Rule Civil P. 26(a)(3)(A). By Magistrate Judge Michael J. Watanabe on 10/16/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01175-PAB-MJW
GERALD McCOLLUM,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Motion for Appearance of Witnesses
Pursuant to Fed. Rule Civil P. 26(a)(3)(A) (Docket No. 98) is DENIED WITHOUT
PREJUDICE. This court entered a Recommendation (Docket No. 91) on September 9,
2013 recommending that defendant’s Motion for Summary Judgment (Docket No. 78)
be denied. On September 26, 2013, defendant filed an Objection (Docket No. 97) to
this court’s Recommendation. The court further notes that the Trial Preparation
Conference is set until January 12, 2014, and Trial is set to begin on February 4, 2014.
Accordingly, the court denies the subject motion without prejudice as premature.
Plaintiff is given leave to refile the motion after Judge Brimmer has issued a ruling on
this court’s Recommendation.
Date: October 16, 2013