Doe et al v. McAfee et al

Filing 39

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 8/13/2013. Plaintiff's Oral Motion to file the Second Amended Complaint 32 is granted. Second Amended Complaint is deemed filed 8/13/2013. Deadline for Defendants to answer or otherwise respond is 8/27/2013. Defendants' Joint Oral Motion to withdraw pending motions is granted. Withdrawing without prejudice 26 Motion to Dismiss. Withdrawing without pre judice 27 Motion to Dismiss. Withdrawing without prejudice 37 Motion to Stay Discovery. Discovery due by 6/13/2014. Dispositive Motions due by 7/14/2014. Telephonic Status Conference set for 10/22/2013 09:30 AM before Magistrate Judge Michael J. Watanabe. 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-01287-MSK-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

August 13, 2013
Parties

JOHN DOE,
JANE DOE,
Y.C., by her parents and next friends,
E.C., by her parents and next friends,
E.S.C., by his parents and next friends, and
J.C., by his parents and next friends,

Counsel
Theresa L. Sidebotham

Plaintiff(s),
v.
JOANNA MCAFEE,
El Paso County Department of Human Services
intake caseworker, individually, and as an agent,
employee, and representative of El Paso County,
KATHY TREMAINE,
El Paso County Department of Human Services
caseworker, individually, and as an agent, employee,
and representative of El Paso County,
PATSY HOOVER,
El Paso County Department of Human Services
supervisor, individually, and as an agent, employee,
and representative of El Paso County,
LISA LITTLE,
supervisor of the day, El Paso County Department of
Human Services supervisor, individually, and as an
agent, employee, and representative of El Paso
County,
RICHARD BENGTSSON,
Executive Director, El Paso County Department of
Human Services, individually, and as an agent,
employee, and representative of El Paso County,
JEFF GREENE,
County Administrator over El Paso County
Department of Human Services, individually, and as
an agent, employee, and representative of El Paso
County,
JOEY HARRIS,
Officer, El Paso County Sheriff’s Office, individually,
and as an agent,

Monica N. Kovaci
Kenneth R. Hodges

employee, and representative of the El Paso County
Sheriff’s Office,
JON PRICE,
Officer, El Paso County Sheriff’s Office, individually,
and as an agent, employee, and representative of
the El Paso County Sheriff’s Office,
BENJAMIN DEARMONT,
Supervisor, El Paso County Sheriff’s Office,
individually, and as an agent, employee, and
representative of the El Paso County Sheriff’s Office,
MITCHELL MIHALKO,
Officer, El Paso County Sheriff’s Office, individually,
and as an agent, employee, and representative of
the El Paso County Sheriff’s Office,
EL PASO COUNTY BOARD OF COUNTY
COMMISSIONERS,
EL PASO COUNTY,
JONATHAN HUDSON,
Officer, Monument Police Department, individually,
ANDREW ROMANO,
Officer, Monument Police Department, individually,
Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING: RULE 16(b) SCHEDULING CONFERENCE
Court in session: 1:33 p.m.
Court calls case. Appearances of counsel.
For the purposes of discovery, the parties are deemed as party/party group as follows:
1. Plaintiffs
2. Monument Defendants
3. El Paso Defendants
The following will confirm the actions taken and dates set at the scheduling conference held this
date:
Plaintiff makes an Oral Motion to file the Second Amended Complaint [Docket No.32]. With no
objections,
It is ORDERED:

Plaintiff’s ORAL MOTION to file the Second Amended Complaint [Docket
No. 32] is GRANTED for reasons as set forth on the record.
Therefore,
Plaintiff’s SECOND AMENDED COMPLAINT [Docket No. 32, filed August
05, 2013] is accepted for filing as of today, and is deemed filed AUGUST
13, 2013.
Defendants shall have up to and including AUGUST 27, 2013 within
which to Answer or otherwise respond to the Second Amended
Complaint.

Defendants make a Joint Oral Motion to withdraw pending motions. With no objections,
It is ORDERED:

Defendants’ ORAL MOTION TO WITHDRAW PENDING MOTIONS is
GRANTED for reasons as set forth on the record.

It is ORDERED:

Defendants’ (Monument Defendants) MOTION TO DISMISS
[Docket No. 26, filed July 15, 2013] is WITHDRAWN without prejudice,
with leave to re-file.

It is ORDERED:

Defendants’ (El Paso Defendants) MOTION TO DISMISS FIRST
AMENDED COMPLAINT PURSUANT TO FED.R.CIV.P. 12(b)(1) and
12(b)(6) [Docket No. 27, filed July 26, 2013] is WITHDRAWN without
prejudice, with leave to re-file.

It is ORDERED:

Defendants’ JOINT MOTION TO STAY DISCOVERY [Docket No. 37,
filed August 09, 2013] is WITHDRAWN without prejudice, with leave to
re-file.

A TELEPHONIC STATUS CONFERENCE is set OCTOBER 22, 2013 at 9:30 a.m.
All participating parties are to be on the call before the Court is contacted; Plaintiff shall create
the conference call. Once the conference call is established, the Court shall be added as the
final connection by dialing [phone] at the scheduled time. To ensure a more adequate
connection, parties shall use a Conference Operator. At least four (4) working days prior to the
date set for the conference call, counsel for the plaintiff(s) shall call chambers [phone]
with the conference call-in telephone number and access code.
Topics of discussion will include:
1. Update on discovery
2. Status of any pending motions.
Joinder of Parties/Amendment to Pleadings:
Discovery Cut-off:

SEPTEMBER 27, 2013

JUNE 13, 2014

Dispositive Motions Deadline:

JULY 14, 2014

Plaintiff shall be limited to six (6) expert witnesses, without further leave of Court.
“El Paso Defendants” shall be limited to six (6) expert witnesses, without further leave of Court.
“Monument Defendants” shall be limited to three (3) expert witnesses, without further leave of
Court.
Parties shall designate experts on or before APRIL 14, 2014
Parties shall designate rebuttal experts on or before MAY 13, 2014
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 MAY 09, 2014.
Each party/party group shall be limited to seventy (70) Interrogatories.
Plaintiff shall be limited to fifty (50) Requests for Production and fifty (50) Requests for
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Admissions, without leave of Court.
“El Paso Defendants”
shall be limited to fifty (50) Requests for Production and fifty (50)
Requests for Admissions, without leave of Court.
“Monument Defendants” shall be limited to twenty-five (25) Requests for Production and
twenty-five (25) Requests for Admissions, without leave of Court.
Each side shall be limited to twenty (20) fact depositions, plus 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 JUNE 13, 2014.
Parties shall use deposition exhibits numbered in consecutive order, not separated as Plaintiff
Exhibits or Defendant Exhibits. Parties shall not use any duplicative exhibits.
Any FINAL PRETRIAL CONFERENCE, TRIAL PREPARATION CONFERENCE, and
TRIAL will be set by Chief Judge Marcia S. Krieger at a future date.
The parties anticipate a ten (10) day trial to a jury.
! 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.

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.
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.
[X]

Scheduling Order is signed and entered with interlineations AUGUST 13, 2013

Hearing concluded.
Court in recess: 2:34 p.m.
Total in-court time: 01:01
To order a transcript of this proceedings, contact Avery Wood Reports

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