Hartley v. Time Warner Cable NY, LLC

Filing 134

ORDER: Defendant Time Warner NY Cable LLC's Motion to Enforce Settlement or, Alternatively, for an Evidentiary Hearing, and Memorandum of Law in Support (docket no. 131 ) is set for an evidentiary hearing before MagistrateJudge Watanabe on May 20, 2014, at 9:00 a.m. in Courtroom A-502, Fifth Floor, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. By Magistrate Judge Michael J. Watanabe on 3/13/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00158-RM-MJW
PATRICK G. HARTLEY,
Plaintiff(s),
v.
TIME WARNER NY CABLE LLC,
Defendant(s)
ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Defendant Time Warner NY Cable LLC’s Motion to
Enforce Settlement or, Alternatively, for an Evidentiary Hearing, and Memorandum of
Law in Support (docket no. 131) is set for an evidentiary hearing before Magistrate
Judge Watanabe on May 20, 2014, at 9:00 a.m. in Courtroom A-502, Fifth Floor, Alfred
A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado.
It is further ORDERED that on or before 10 business days before this hearing,
the parties shall notify the magistrate judge’s courtroom deputy, Ellen Miller, who may
be reached at [phone], of any need for special accommodation for any attorney,
party, or witness or any need for technological equipment, such as videoconferencing,
or equipment needed for the presentation of evidence using CDROM or other electronic
means of evidence presentation.
It is further ORDERED that on or before five business days prior to the hearing:
1. Defendant through counsel shall electronically file and the pro se plaintiff shall
hard copy file with the Clerk of Court their briefs, not to exceed ten pages, AND shall
provide a copy to the magistrate judge’s chambers by email
([e-mail]) in a Word or Word Perfect attachment; and
2. Defendant through counsel shall electronically file and the pro se plaintiff shall
hard copy file with the Clerk of Court their proposed written finding of facts, conclusions
of law, and order concerning Defendant Time Warner NY Cable LLC’s Motion to Enforce
Settlement or, Alternatively, for an Evidentiary Hearing, and Memorandum of Law in
Support (docket no. 131) AND shall provide a copy to the magistrate judge’s chambers
by email ([e-mail]) in a Word or Word Perfect
attachment

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It is further ORDERED that each party shall file prior to the hearing file with the
Clerk of Court and at the beginning of the hearing provide the magistrate judge with an
original and two copies of the following materials:
1. Witness list in alphabetical order;
2. Exhibit lists:
a. Hearing exhibits shall be pre-marked. Plaintiff shall use numbers and
the defendant shall use letters;
b. The parties shall meet and exchange their pre-marked exhibits no later
than five business days before the hearing;
c. The parties shall predetermine the designation of any exhibit which is
endorsed by more than one party in order to avoid duplication of exhibits;
d. Each party’s original hearing exhibits shall be used by the witnesses,
and two copies of the exhibits shall be provided to the magistrate judge at
the beginning of the hearing in notebook format;
e. Hearing exhibits, including the court’s copies of the exhibits, shall be
tabbed and placed into notebooks unless an exhibit is incapable of being
placed into a notebook; and,
f. Any exhibit which consists of multiple pages shall have each page of the
exhibit sequentially numbered for ease of reference by the witness and for
clarity of the record.
3. A list of any objections any party has to the opponent’s exhibits. These
objections shall state in a clear and concise fashion the evidentiary grounds for
the objection and the legal authority supporting such objection. If the authority is
in the Federal Rules of Evidence, then the rule number should be cited; if the
authority is case law, then the court shall be provided with a copy of the case;
4. A list of witnesses’ scheduling problems, indicating times of such witnesses’
availability during the hearing;
5. A list of stipulated exhibits;
6. A list of stipulated facts;
7. A list of any facts of which a party is asking the court to take judicial notice; and
8. A list of any unique terms intended to be used during the hearing, in

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alphabetical order (examples: medical, commercial, and scientific terms).
It is further ORDERED that if the parties settle this case, then a Notice of
Disposition shall be filed with the Clerk of the Court no later than five business days
before the date set for the hearing.
Signed and dated this 13th day of March, 2014
BY THE COURT:
s/ Michael J. Watanabe
MICHAEL J. WATANABE
U.S. Magistrate Judge