Bertolo v. Hickenlooper et al

Filing 84

ORDER : Hearing on the 79 Order to Show Cause set for 11/1/2012 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 10/18/12. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-01763-BNB
JAMES M. BERTOLO,
Plaintiff,
v.
JOHN HICKENLOOPER, Governor Colorado,
GLEN TAPIA, M.P.A., Offices of Community Corrections,
TOM CLEMENTS, Director, Colorado Department of Corrections,
COLORADO DEPARTMENT OF CORRECTIONS, Facilities, Programs, Staff, Medical Staff,
Censorship Staff, Staff in General, Committees,
CTCF,
CTCF SEX OFFENDER TREATMENT MANAGEMENT BOARD (SOTMP),
ROBBIE BOLTON,
HONORABLE THOMAS KENNEDY, Chairman, Sex Offender Management Board (SOMB),
DIRECTORS CONTRACT WORKERS,
ALL CDOC CURRENT AND FORMER READING COMMITTEE MEMBERS,
ALL FORMER AND CURRENT MAIL ROOM STAFF FOR CDOC, CTCFM
ALL CDOC DIRECTOR STAFF OF PROGRAMS/ACTIVITIES/RECREATIONAL
WORKERS, and
JOHN AND JANE DOES, and Certain CTCF, CDOC staff to be named,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
By a Minute Order [Doc. # 59] entered on September 6, 2012, I set this case for a status
conference to occur on September 27, 2012. The purpose of the status conference was to discuss
with the plaintiff and his lawyer, Gary L. Shupp, their respective roles as litigant and counsel and
my expectations for their conduct going forward. The Minute Order required Mr. Shupp to
appear in person at the status conference and Mr. Bertolo, who is incarcerated, to appear by
telephone. Prior to the status conference, Mr. Bertolo attempted to file pro se a “Motion to

proceed or reschedule” [Doc. # 76, filed 9/19/2012], which requested that the status conference
be rescheduled because Mr. Shupp was not available to attend. I struck the “Motion to proceed
or reschedule” by a Minute Order [Doc. # 77] because Mr. Bertolo is represented by counsel and
all pleadings, motions, and other filings must be made by counsel and not by the litigant.
Nonetheless, Mr. Shupp failed to appear at the status conference, resulting in my Order to Show
Cause [Doc. # 79]. Mr. Shupp has responded to the Order to Show Cause. Response [Doc. ##
81 and 82].
IT IS ORDERED:
(1)

A hearing on the Order to Show Cause is set for November 1, 2012, at 10:00

a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street,
Denver, Colorado; and
(2)

Mr. Shupp must appear at the hearing in person. Mr. Shupp’s failure to appear at

the hearing in person may result in the entry of sanctions including, potentially, dismissal of the
case.
Dated October 18, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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