Montoya v. Newman et al

Filing 71

ORDER adopting 66 Recommendation of United States Magistrate Judge & Continuing Trial Date. The Final Pretrial Conference/Trial Preparation Conference set 5/2/2014 at 3:00 p.m., and the jury trial set to begin 5/12/2014 at 8:30 a.m., are VACATED a nd CONTINUED pending further order. Counsel SHALL CONTACT the court's administrative assistant on 1/31/at 9:30 a.m., to reschedule the combined Trial Preparation Conference and Final Pretrial Conference and the trial. The Second Trial Preparation Conference Order [# 54 ] is AMENDED as stated in this order. Otherwise, the Second Trial Preparation Conference Order [# 54 ] SHALL REMAIN in full force and effect. By Judge Robert E. Blackburn on 1/21/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
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 officer at Huerfano County Jail,
DOE #1-2, medical staff member at Huerfano County Jail, and
DR. NEECE,
Defendants.

ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE &
CONTINUING TRIAL DATE
Blackburn, J.
This matter is before me on the Recommendation of United States Magistrate
Judge [#66]1 filed January 3, 2014. No party filed objections to the recommendation.
Thus, I review the recommendation for plain error only. See Morales-Fernandez v.
Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding
no error, much less plain error, in the recommendation, I find and conclude that the
recommendation should be approved and adopted as an order of this court.
The parties were not able to complete discovery while an objection to a discovery
order entered by the magistrate judge was pending. That objection now has been

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“[#66]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

resolved. Based on these circumstances, the magistrate judge recommends that the
trial currently set to commence May 12, 2014, at 8:30 a.m., be continued to permit the
parties to complete discovery. I agree.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#66] filed
January 3, 2014, is APPROVED and ADOPTED as an order of this court;
2. That the Final Pretrial Conference/Trial Preparation Conference set May 2,
2014 at 3:00 p.m., and the jury trial set to begin May 12, 2014 at 8:30 a.m., are
VACATED and CONTINUED pending further order;
3. That counsel SHALL CONTACT the court’s administrative assistant, Susan
Schmitz, at [phone] on January 31, at 9:30 a.m., to reschedule the combined
Trial Preparation Conference and Final Pretrial Conference and the trial;
4. That counsel for the plaintiff SHALL ARRANGE, INITIATE, and
COORDINATE the conference call necessary to facilitate the setting conference;
5. That the Second Trial Preparation Conference Order [#54] filed September
18, 2013, is AMENDED as stated in this order; and
6. That otherwise, the Second Trial Preparation Conference Order [#54] filed
September 18, 2013, SHALL REMAIN in full force and effect.
Dated January 21, 2014, at Denver, Colorado.
BY THE COURT:

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