Echenique v. Goodwill, Inc.

Filing 33

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference/ Show Cause Hearing / Status Conference held on 7/9/2013. Order to Show Cause 23 is deemed satisfied and is discharged. Grant ing 25 Plaintiff's Motion to Amend Case Caption and Defandants [sic] on Previously Submitted Complaint. Withdrawing, with leave to re-file, 16 Defendant's Motion to Dismiss, or in theAlternative, Motion for More Definite Statement. Discovery due by 12/10/2013. Dispositive Motions due by 1/10/2014. Proposed Pretrial Order due by 3/3/2014. Final Pretrial Conference set for 3/10/2014 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Parties shall file the Scheduling Order in its final form for the Court's signature on or before 7/16/2013, nunc pro tunc 7/9/2013. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 13-cv-00556-PAB-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

July 09, 2013

Counsel

Parties
IVETTE T. ECHENIQUE,

Pro Se

(by telephone)

Plaintiff(s),
v.
GOODWILL INDUSTRIES OF DENVER,

Nicholas A. Murray

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
RULE 16(b) CONFERENCE / SHOW CAUSE HEARING / STATUS CONFERENCE
HEARING:
Court in session: 1:35 p.m.
Court calls case. Appearances of Pro Se plaintiff and defense counsel.

Discussion is held regarding Plaintiff’s Motion to Amend Case Caption and Defandants [sic] on
Previously Submitted Complaint. It is noted Defendant filed no Response. With no objection,
It is ORDERED:

Plaintiff’s MOTION TO AMEND CASE CAPTION AND DEFANDANTS
[sic] ON PREVIOUSLY SUBMITTED COMPLAINT [Docket No. 25, filed
June 06, 2013] is GRANTED for reasons as set forth on the record.
Therefore, the Complaint [Docket No. 1] filed March 04, 2013 is deemed
amended to correct the caption to indicate the name of the Defendant as
GOODWILL INDUSTRIES OF DENVER.

As Plaintiff is Pro Se, the Clerk of the Court is directed by the Court to re-file the Complaint
[Docket No. 1] as an AMENDED COMPLAINT, thereby having a new CM/ECF Docket Number.
The only change requested by the Plaintiff in her motion and on the record today is that the
name of the Defendant be corrected. Therefore, the only change made to the Complaint shall
be that, throughout the Complaint, the name is changed from GOODWILL, INC. to GOODWILL
INDUSTRIES OF DENVER.
Defense counsel accepts service on behalf of the named Defendant Goodwill Industries of
Denver.

All future pleadings shall have the amended caption:
IVETTE T. ECHENIQUE,
Plaintiff,
v.
GOODWILL INDUSTRIES OF DENVER,

Defendant.

As Defendant has been served and is present in court,
It is ORDERED:

The ORDER TO SHOW CAUSE [Docket No. 23, filed May 13, 2013] is
deemed satisfied and is discharged.

Defendant makes an Oral Motion to Withdraw Defendant’s Motion to Dismiss, or in the
Alternative, Motion for More Definite Statement. With no objections,
It is ORDERED:

Defendant’s ORAL MOTION TO WITHDRAW Defendant’s Motion
to Dismiss, or in the Alternative, Motion for More Definite Statement
is GRANTED, and
Defendant’s MOTION TO DISMISS, OR IN THE ALTERNATIVE,
MOTION FOR MORE DEFINITE STATEMENT [Docket No. 16, filed May
09, 2013] is WITHDRAWN with leave to re-file.

The following will confirm the actions taken and dates set at the scheduling conference
held this date:
It is noted both parties filed Proposed Scheduling Orders, Docket Numbers 31 and 32. The
Court uses the Proposed Scheduling Order filed by Defendant [Docket No. 31] as the format
and incorporates Pro Se Plaintiff’s input.
Parties shall complete their Fed. R. Civ. P. 26(a)(1) disclosures on or before JULY 24, 2013.
Joinder of Parties/Amendment to Pleadings: JULY 31, 2013
Discovery Cut-off:

DECEMBER 10, 2013

Dispositive Motions Deadline:

JANUARY 10, 2014

Each side shall be limited to two (2) expert witnesses, without further leave of Court.
Parties shall designate experts on or before OCTOBER 21, 2013
Parties shall designate rebuttal experts on or before NOVEMBER 21, 2013
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The disclosure of Experts shall be consistent with Fed. R. Civ. P. 26(a)2(B).
Interrogatories, Requests for Production, and Requests for Admissions shall be served on or
before NOVEMBER 06, 2013.
Each side shall be limited to twenty-five (25) Interrogatories, twenty-five (25) Requests for
Production, and twenty-five (25) Requests for Admissions, without leave of Court.
Each side shall be limited to ten (10) depositions, including experts. Each deposition shall be
limited to one (1) day of a maximum of seven (7) hours, absent leave of Court. All depositions,
fact and expert witnesses, shall be completed no later than DECEMBER 10, 2013.
Parties shall use deposition exhibits numbered in consecutive order, not separated as Plaintiff
Exhibits or Defendant Exhibits. Parties shall not use any duplicative exhibits.
FINAL PRETRIAL CONFERENCE set for
MARCH 10, 2014 at 9:00 a.m.
in Courtroom A-502, Fifth floor, Alfred A. Arraj United States Courthouse, 901 19th Street,
Denver, Colorado 80294.
The proposed final pretrial order shall be filed on or before MARCH 03, 2014.
Defendant shall electronically file the partes’ proposed Final Pretrial Order unless Plaintiff has
retained counsel.
In accordance with Fed.R.Civ.P. 16(e), the conference shall be attended by at least one of the
attorneys who will conduct the trial for each of the parties and by any unrepresented parties.
TRIAL:
The parties anticipate a four (4) day trial to a jury.
The Honorable Philip A. Brimmer will set a Trial Preparation Conference and Trial at a future
date.
! Parties are directed to www.cod.uscourts.gov regarding Judicial Officers’ Procedures and shall fully comply
with the procedures and Practice Standards of the judicial officer assigned to try this case on the merits.

Anyone seeking entry into the Alfred A. Arraj United States Courthouse will be required to show
a valid current photo identification. See D.C.COLO.LCivR 83.2B. Failure to comply with this
requirement may result in denial of entry to the courthouse.
Absent exceptional circumstances, no request for rescheduling any appearance in this court will
be entertained unless a written request is made FIVE (5) business days in advance of the date
of appearance.

[X] Scheduling Order is approved with interlineations and made an Order of Court. Parties
shall file the Scheduling Order in its final form for the Court’s signature on or before JULY 16,
2013, nunc pro tunc JULY 09, 2013.
Hearing concluded.
Court in recess: 2:17 p.m.

Total in-court time: 00:41

To order a transcript of this proceedings, contact Avery Wood Reports

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