Burgess v. Daniels et al

Filing 38

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Preliminary Scheduling Conference held on 1/23/2014. ORDERED: All discovery shall be STAYED pending further order from the court. ORDERED: Plaintiff's oral Motion to Withdraw 24 is GRANTED. 24 Motion for Objection and Reconsideration is WITHDRAWN. FTR: Courtroom A402 - C. Covington. (ccovi)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 13-cv-02191-PAB-CBS
Date:
January 23, 2014

FTR - Reporter Deck-Courtroom A402
Courtroom Deputy: Courtni Covington

Parties:

Counsel:

COREY BURGESS,

Pro Se (appearing by telephone)

Plaintiff,
v.
CHARLES A. DANIELS, et al.,

J. Benedict Garcia

Defendants.
COURTROOM MINUTES/MINUTE ORDER
HEARING: PRELIMINARY SCHEDULING CONFERENCE
Court in session:
10:03 a.m.
Court calls case. Appearance of counsel and pro se Plaintiff. Counsel for the Bureau of Prisons,
Kara Lundy, also present by telephone.
The court addresses the parties regarding the purpose of the Preliminary Scheduling Conference and
pleadings filed by Plaintiff in the case. Defense counsel advises that they do not plan to file a
Response to Plaintiff’s Motion for Objection and Reconsideration [Doc. No. 24].
Discussion between the court and Plaintiff regarding Defendant’s Motion for Leave to File Motion
for Summary Judgment [Doc. No. 30] and his Motion for Opposition to Defendant’s Motion
to Dismiss/Leave to File Summary [Doc. No. 35]. The court notes it wants to make clear to
Plaintiff that Doc. No. 30 is not a Motion to Dismiss.
The court advises that it would be inefficient to go through the discovery process unless or until the
currently pending motions are decided and it is determined if the case will remain here or be
transferred. The parties are in agreement with the court. At the time it is determined that the case
should move forward, the parties can discus what discovery, if any, is necessary.
ORDERED:

All discovery shall be STAYED pending further order from the court.

Discussion between the court and Mr. Burgess regarding documents the court has received, further
clarification of Doc. No. 30, and the case being transferred to the District of Oklahoma.
Discussion between the court and Plaintiff regarding withdrawing his Motion for Objection and
Reconsideration [Doc. No. 24].
ORDERED:

Plaintiff’s oral Motion to Withdraw Doc. No. 24 is GRANTED. Motion

for Objection and Reconsideration [Doc. No. 24, filed 11/04/2014] is
WITHDRAWN.
The court notes Motion for Leave to File Motion for Summary Judgment [Doc. No. 30] is left
pending and advises Mr. Burgess that he will be sent a copy of the Courtroom Minutes from today’s
hearing.
HEARING CONCLUDED.
Court in recess:
10:39 a.m.
Total time in court: 00:36
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods
Reporting at [phone] or toll free at 1-800-962-3345.