Roe v. Internal Revenue Service

Filing 34

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 2/11/2013. On or before 2/15/2013, Plaintiff shall file a THIRD AMENDED COMPLAINT which sets forth all Causes of Action which Plaintiff wishes to pursue. Parties indicate they wish to Consent to Magistrate Judge and shall file the proper form on or before 2/15/2013. Plaintiff's oral motion to withdraw Motion to Compel is granted;Plaintiff's Motion to Compe l Defendant to Make the Initial Disclosures Required by Rule 26(a)(1) 28 is withdrawn. Discovery due by 8/12/2013. Dispositive Motions due by 9/12/2013. Proposed Pretrial Order due by 11/5/2013., Final Pretrial Conference set for 11/12/2013 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Parties shall file Scheduling Order in its final form for the Court's signature on or before 3/8/2013 nunc pro tunc to 2/11/2013. 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. 12-cv-02344-CMA-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

February 11, 2013

Counsel

Parties
KELLY ROE,

Pro Se

Plaintiff(s),
v.
COMMISSIONER OF INTERNAL REVENUE,

Thomas J. Jaworski (by telephone)

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING: RULE 16(b) SCHEDULING CONFERENCE
Court in session: 2:00 p.m.
Court calls case. Appearances of Pro Se plaintiff and defense counsel.
.
Pursuant to D.C.COLO.LCivR 10.1 it is noted that the proper case number for this action is
12-cv-02344-CMA-MJW. Parties are directed to edit their records accordingly.
Discussion is held regarding the Complaint (Docket No. 1), the Amended Complaint (Docket No.
16), the First Amended Complaint (Docket No. 27), and the Second Amended Complaint
(Docket No. 30). It is noted that no one document contains all Causes of Action. Plaintiff is
directed to file ONE Complaint (THIRD AMENDED COMPLAINT) which sets forth all of the
Causes of Action she wishes to pursue, in numeric order.
It is ORDERED:

On or before FEBRUARY 15, 2013, Plaintiff shall a THIRD AMENDED
COMPLAINT which sets forth all Causes of Action Plaintiff wishes to
pursue in one single document in proper format.

The following will confirm the actions taken and dates set at the scheduling conference held this
date:
It is noted all parties have consented to the exercise of jurisdiction of a Magistrate Judge.
However, the parties have not yet filed the required Notice of Availability of a United States
Magistrate Judge to Exercise Jurisdiction.
The parties shall file the appropriate form on or before FEBRUARY 15, 2013.

Discussion is held regarding Plaintiff’s Motion to Compel. Plaintiff makes an oral motion to

withdraw the motion to compel.
It is ORDERED:

Plaintiff’s ORAL MOTION TO WITHDRAW Motion to Compel, with no
objections, is GRANTED. Therefore,
Plaintiff’s MOTION TO COMPEL DEFENDANT TO MAKE THE INITIAL
DISCLOSURES REQUIRED BY RULE 26(a)(1) [Docket No. 28, filed
February 08, 2013] is WITHDRAWN.

Defendant shall complete its Fed. R. Civ. P. 26(a)(1) disclosures on or before MARCH 01,
2013.
Joinder of Parties/Amendment to Pleadings:

MARCH 27, 2013

Discovery Cut-off: AUGUST 12, 2013
Dispositive Motions Deadline: SEPTEMBER 12, 2013
Parties do not anticipate using any expert witnesses to testify in this civil action. Therefore, no
deadlines for expert designations are set.
Interrogatories, Requests for Production, and Requests for Admissions shall be served on or
before JULY 09, 2013.
Each side shall be limited to twenty-five (25) Interrogatories, twenty-five (25) Requests for
Production, and twenty-five (25) Requests for Admissions, without leave of Court.
Each side shall be limited to ten (10) depositions. Each deposition shall be limited to one (1)
day of a maximum of seven (7) hours, absent leave of Court. All depositions, fact and expert
witnesses, shall be completed no later than AUGUST 12, 2013.
Parties shall use deposition exhibits numbered in consecutive order, not separated as Plaintiff
Exhibits or Defendant Exhibits. Parties shall not use any duplicative exhibits.

FINAL PRETRIAL CONFERENCE set for
NOVEMBER 12, 2013 at 9:00 a.m.
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 on or before NOVEMBER 05, 2013.
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 three (3) day trial to the court.
The Honorable Christine M. Arguello will set a Trial Preparation Conference and Trial at a
future date.
! 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.

Anyone seeking entry into the Alfred A. Arraj United States Courthouse will be required to show
a valid current photo identification. See D.C.COLO.LCivR 83.2B. Failure to comply with this
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requirement may result in denial of entry to the courthouse.

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 entered with interlineations as an Order of Court. Parties shall file
the Scheduling Order in its final form for the Court’s signature on or before MARCH 08,
2013, nunc pro tunc to February 11, 2013.

Hearing concluded.
Court in recess: 2:43 p.m.
Total in-court time: 00:43

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

[phone] or

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