Faircloth v. Schwartz, et al

Filing 149

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 10/20/14. Defendant's Motion to Vacate and Reset October 22, 2014 Preliminary Scheduling Conference 147 is GRANTED. IT IS FURTHER ORDERED that the preliminary Scheduling Conference set for October 22, 2014 at 10:30 a.m. is VACATED and RESET to 10/29/2014 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. (lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02764-REB-KLM
JAMES FAIRCLOTH,
Plaintiff,
v.
CELIA SCHWARTZ, Legal Assistant for BVCF, in her official and individual capacities,
Defendant.
________________________________________________________________________
MINUTE ORDER
________________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Motion to Vacate and Reset
October 22, 2014 Preliminary Scheduling Conference [#147]1 (the “Motion”). In the
Motion, Defendant’s counsel states that she is required to appear in a state court matter
that conflicts with the October 22, 2014 preliminary Scheduling Conference. Motion [#147]
at 1. Defendant further states that her counsel has “inquired about rescheduling” the state
court hearing, but “has been unable to confirm whether a continuance is possible,” and,
therefore, filed the instant Motion in order to avoid the potential conflict. Id. at 2.
IT IS HEREBY ORDERED that the Motion [#147] is GRANTED.2
IT IS FURTHER ORDERED that the preliminary Scheduling Conference set for
October 22, 2014 at 10:30 a.m. is VACATED and RESET to October 29, 2014 at 10:00
a.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929
Stout Street, Denver, Colorado. The parties need not comply with the requirements of Fed.
R. Civ. P. 16 and 26(a)(1) and D.C.COLO.LCivR. 16.1 and 16.2. As noted in the Court’s
September 25, 2014 Minute Order [#145], the purpose of the initial conference is to
consider the nature and status of the case, the timing for filing of any motions or responses,

1

“[#147]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the Court’s case management and electronic case filing system
(CM/ECF). The Court uses this convention throughout this Minute Order.
2

The Court may rule on a pending motion at any time. D.C.COLO.LCivR 7.1(d).

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and what discovery, if any, will be needed. Plaintiff and his case manager shall contact the
court at [phone] on the above date and time in order to participate.
IT IS FURTHER ORDERED that the Clerk’s Office shall electronically mail a copy
of this Minute Order to the legal assistant for the Department of Corrections at the following
address: [e-mail]. and shall mail a courtesy copy to the case
manager for Plaintiff at his facility.
IT IS FURTHER ORDERED that, on receipt of this Minute Order, Defendant’s
counsel shall contact Plaintiff’s case manager to inform him or her that the preliminary
Scheduling Conference has been reset to a later date and ensure that Plaintiff is provided
notice of this Minute Order, which may be accomplished by sending it to Plaintiff’s case
manager either via email or facsimile.
Dated: October 20, 2014

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