Smith v. Family Auto Sales Inc.

Filing 42

ORDER adopting 37 Recommendation of United States Magistrate Judge & Continuing Trial Date. The combined Trial Preparation Conference and Final Pretrial Conference set 12/20/2013, at 2:30 p.m., and the trial set to commence1/6/2014, at 8:30 a.m., a re VACATED and CONTINUED pending further order. Counsel SHALL CONTACT the courts administrative assistant on 12/16/2013, at 9:30 a.m. (MST), to reschedule the combined Trial Preparation Conference and Final Pretrial Conference and the trial. The Trial Preparation Conference Order [# 17 ] filed 5/2/2013, is AMENDED to the extent necessary to facilitate and implement these orders. By Judge Robert E. Blackburn on 12/9/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-00068-REB-KLM
WALTER SMITH,
Plaintiff,
v.
FAMILY AUTO SALES, INC., d/b/a FAMILY TRUCK AND VAN, a Colorado corporation,
Defendant.

ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE &
CONTINUING TRIAL DATE
Blackburn, J.
This matter is before me on the Order and Recommendation of United States
Magistrate Judge [#37]1 filed September 18, 2013. 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.
Based on circumstances which have arisen in this case, the magistrate judge
recommends that the trial currently set to commence January 6, 2014, be vacated and
continued. In addition, the magistrate judge recommends that the combined Trial
1

“[#37]” 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.

Preparation Conference and Final Pretrial Conference set December 20, 2013, at 2:30
p.m., be vacated and reset to a later date. I agree with the recommendation of the
magistrate judge.
THEREFORE, IT IS ORDERED as follows:
1. That the recommendation stated in the Order and Recommendation of
United States Magistrate Judge [#37] filed September 18, 2013, is APPROVED and
ADOPTED as an order of this court;
2. That the combined Trial Preparation Conference and Final Pretrial
Conference set December 20, 2013, at 2:30 p.m., and the trial set to commence
January 6, 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 December 16, 2013, at 9:30 a.m. (MST), 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. and
5. That the Trial Preparation Conference Order [#17] filed May 2, 2013, is
AMENDED to the extent necessary to facilitate and implement these orders.
Dated December 9, 2013, at Denver, Colorado.
BY THE COURT:

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