Newman et al v. Harlan et al
Filing
66
ORDER adopting 65 Recommendation of United States Magistrate Judge. The pretrial deadlines set forth in the recommendation are approved and adopted as an order of this court. On 11/6/2013, commencing at 10:00 a.m., the court SHALLCONDUCT a telephonic setting conference to reset the Final Pretrial Conference/Trial Preparation Conference and jury trial in this matter. By Judge Robert E. Blackburn on 10/28/2013.(klyon, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-02797-REB-KMT
JOHN NEWMAN, and
NANCY NEWMAN,
Plaintiffs,
v.
MICHAEL D. HARLAN, and
JL SMITH TRUCKING COMPANY,
Defendant.
ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on Recommendation of United States Magistrate
Judge regarding Trial Preparation Conference Order setting Trial Preparation
Conference/Final Pretrial Conference and Trial dates [#65]1 entered September 30,
2013. I approve and adopt the recommendation.
No objections to the recommendation were filed. Thus, I review it only for plain
error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d
1116, 1122 (10th Cir. 2005). As detailed in the recommendation [#26], the plaintiff’s
claim is time barred, and there is no basis established in the record to apply equitable
tolling. As a result, the plaintiff’s complaint must be dismissed. The conclusions and
1
“[#65]” is an example of the convention I use to identify the docket number assigned to a specific
paper by the court’s electronic case filing and management system (CM/ECF). I use this convention
throughout this order.
recommendation of the magistrate judge are correct. Finding no error, much less plain
error, in the disposition recommended by the magistrate judge, I find and conclude that
the recommendation should be approved and adopted as an order of this court.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge regarding
Trial Preparation Conference Order setting Trial Preparation Conference/Final Pretrial
Conference and Trial dates [#65] entered September 30, 2013 is APPROVED and
ADOPTED as an order of this court;
2. That the pretrial deadlines set forth in the recommendation are approved and
adopted as an order of this court;
4. That on November 6, 2013, commencing at 10:00 a.m., the court SHALL
CONDUCT a telephonic setting conference to reset the Final Pretrial Conference/Trial
Preparation Conference and jury trial in this matter; and
5. That counsel for the plaintiff SHALL ARRANGE, INITIATE, AND
COORDINATE the conference call necessary to facilitate the setting conference to the
Judicial Assistant for Judge Blackburn at (303) 335-2350.
Dated October 28, 2013, at Denver, Colorado.
BY THE COURT:
2
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