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, )

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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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