Newman et al v. Harlan et al

Filing 67

AMENDED 66 ORDER Adopting Recommendation of United States Magistrate Judge. The Recommendation of United States Magistrate Judge [# 65 ] entered 9/30/2013 is APPROVED and ADOPTED as an order of this court. The pretrial deadlines in the recommendat ion are APPROVED and ADOPTED as an order of this court. The Final Pretrial Conference and Trial Preparation Conference set 1/10/2014, are VACATED. The jury trial set to commence 2/3/2014, is VACATED. On 11/6/2013, commencing at 10:00 a.m. (MST), the court SHALL CONDUCT 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 10/29/2013. (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.
AMENDED1
ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
This matter is before me on Recommendation of United States Magistrate
Judge [#65]2 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). The conclusions and recommendation of the magistrate
judge are correct. Finding no error, much less plain error, in the scheduling
recommended by the magistrate judge, I find and conclude that the recommendation

1

This amended order is entered (1) to delete the discussion of the dismissal of the plaintiff’s
complaint as time-barred; and (2) to vacate expressly the extant Final Pretrial Conference, Trial
Preparation Conference, and jury trial, which were not addressed specifically in the Order Adopting
Recommendation of United States Magistrate Judge [#66] entered October 28, 2013.
2

“[#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.

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 [#65]
entered September 30, 2013 is APPROVED and ADOPTED as an order of this court;
2. That the pretrial deadlines in the recommendation are APPROVED and
ADOPTED as an order of this court;
3. That the Final Pretrial Conference and Trial Preparation Conference set
January 10, 2014, are VACATED;
4. That the jury trial set to commence February 3, 2014, is VACATED;
5. That on November 6, 2013, commencing at 10:00 a.m. (MST), the court
SHALL CONDUCT a telephonic setting conference to reset the Final Pretrial
Conference/Trial Preparation Conference and jury trial in this matter; and
6. 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 [phone].
Dated October 29, 2013, at Denver, Colorado.
BY THE COURT:

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