Montoya v. Newman et al

Filing 66

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that the Final Pretrial Conference/Trial Preparation Conference set on 5/2/2014 at 3:00 p.m. and the Jury Trial set to begin on 5/12/2014 at 8:30 a.m. be VACATED and RESET at times convenient to the District Judge. By Magistrate Judge Kristen L. Mix on 1/3/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02362-REB-KLM
RAYMOND MONTOYA,
Plaintiff,
v.
BRUCE NEWMAN, in his official capacity as the Sheriff of Huerfano County Jail,
LARRY GARBISO,
DOE #1, 2 - detention center officer at Huerfano County Jail,
DOE #1-2, medical staff member at Huerfano County Jail, and
CHARLES NEECE, M.D.,
Defendants.
______________________________________________________________________
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Court’s Courtroom Minutes/Minute Order
[#65] (the “Minutes”), and the associated Telephonic Discovery Hearing held on January
2, 2014 (the “Hearing”). At the Hearing, the Court allowed additional discovery to be
completed by February 14, 2014 and extended the Dispositive Motions Deadline to March
3, 2014. See Minutes [#65] at 1. In addition, on August 21, 2013, the Court entered an
order regarding Plaintiff’s request to inspect the Huerfano County Jail. See Order [#45] at
1 (the “Order”). On September 4, 2013, Defendants objected to the Order. See generally
County Defendants’ Objection to Order of United States Magistrate Judge [#48] (the
“Objection”). The Objection was ripe on September 18, 2013, however, the parties have
since filed two pending motions [##61, 63] relating to the Objection, neither of which is ripe.

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The parties cannot conclude discovery until the Court enters an order regarding the
Objection.
Accordingly, for the reasons stated above, the Court respectfully RECOMMENDS
that the Final Pretrial Conference/Trial Preparation Conference set on May 2, 2014 at 3:00
p.m. and the Jury Trial set to begin on May 12, 2014 at 8:30 a.m. be VACATED and
RESET at times convenient to the District Judge.
IT IS ORDERED that pursuant to Fed. R. Civ. P. 72, the parties shall have fourteen
(14) days after service of this Recommendation to serve and file any written objections in
order to obtain reconsideration by the District Judge to whom this case is assigned. A
party’s failure to serve and file specific, written objections waives de novo review of the
Recommendation by the District Judge, Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S.
140, 147-48 (1985), and also waives appellate review of both factual and legal questions.
Makin v. Colo. Dep’t of Corr., 183 F.3d 1205, 1210 (10th Cir. 1999); Talley v. Hesse, 91
F.3d 1411, 1412-13 (10th Cir. 1996). A party’s objections to this Recommendation must
be both timely and specific to preserve an issue for de novo review by the District Court or
for appellate review. United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060 (10th
Cir. 1996).
Dated: January 3, 2014

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