Elwell et al v. Air Line Pilots Association, International
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 11/13/2013. Discovery due by 5/30/2014. Dispositive Motions due by 6/27/2014. Final Pretrial Conference/Trial Preparation Con ference is set for 10/31/2014 at 3:00 PM and Trial is set to begin on 11/17/2014 at 8:30 AM before Judge Robert E. Blackburn, separate order to issue. ORDERED: Defense counsel's oral Motion to Withdraw 16 is GRANTED. 16 Motion to Dismiss is WITHDRAWN without prejudice. ORDERED: Defendant shall file an Answer to the Complaint on or before 11/27/2013. 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-02343-REB-CBS
November 13, 2013
FTR - Reporter Deck-Courtroom A402
Courtroom Deputy: Courtni Covington
GERALD ELWELL, et al.,
Richard M. Paul, III
AIR LINE PILOTS ASSOCIATION,
Michael E. Abram
David W. Furgason
Marcus C. Migliore
COURTROOM MINUTES/MINUTE ORDER
HEARING: RULE 16(b) SCHEDULING CONFERENCE
Court in session:
Court calls case. Appearances of counsel. Plaintiff Gerald Elwell appears with counsel of record.
Discussion between the court and counsel regarding Defendant’s Motion to Dismiss [Doc. No. 16],
whether a motion for summary judgment would be more appropriate, the amount of discovery
needed reflective of the needs in the case, and the related case filed in another district.
The court proposes Defendant withdraws their Motion to Dismiss and either or both parties file a
motion for summary judgment on the limited question of liability. The court notes once that is
determined, the parties would be in a better position to manage the case based on its actual needs.
Counsel for Plaintiff notes his concerns with the court’s suggestions.
Discussion between the court and the parties regarding certifying the case as a class action and how
the parties can proceed most efficiently.
Defense counsel makes an oral Motion to Withdraw without prejudice their Motion to Dismiss and
requests leave to file an Answer to the Complaint. Counsel for Plaintiff has no objection to the
Motion being withdrawn.
Defense counsel’s oral Motion is GRANTED. Defendant’s Motion to
Dismiss [Doc. No. 16, filed 10/18/2013] is WITHDRAWN without
prejudice. Defense counsel shall file an Answer to the Complaint on or
before November 27, 2013.
The court reviews the proposed scheduling order with the parties. Parties have held a Rule 26(f)
meeting and Rule 26(a) disclosures have been fulfilled.
THE FOLLOWING WILL CONFIRM THE ACTIONS TAKEN AND DATES SET AT THE
SCHEDULING CONFERENCE HELD THIS DATE:
Deadline for Amendment of pleadings/Joinder of parties:
December 1, 2013
May 30, 2014
Dispositive Motions deadline:
June 27, 2014
Each side shall be limited to two (2) expert witnesses, absent leave of court.
Parties shall designate affirmative experts on or before April 2, 2014.
Parties shall designate rebuttal experts on or before April 18, 2014.
Each side shall be limited to ten (10) depositions, absent leave of court.
Each side shall be limited to twenty-five (25) Requests for Production, and twenty-five (25)
Requests for Admission.
Counsel may not file any OPPOSED discovery motions without leave of court. Counsel are
instructed that should a discovery dispute arise they are to comply with Local Rule 7.1A. in
an effort to resolve the issues. If that is unsuccessful, counsel shall establish a conference
call adding Magistrate Judge Shaffer as the last connection. The Court will hear
arguments and attempt to mediate a resolution. The Court will instruct counsel at that
time as to whether or not to file a discovery motion.
FINAL PRETRIAL CONFERENCE and TRIAL PREPARATION CONFERENCE is set
for October 31, 2014 at 3:00 p.m. before Judge Robert E. Blackburn, separate order to issue.
Final Pretrial Order is due no later than SEVEN (7) CALENDAR DAYS before the Final
Pretrial Conference. (See the court’s website for Instructions for Preparation and Submission)
The parties anticipate a three (3) day jury trial. The trial is set to began on November 17, 2014
at 8:30 a.m. before Judge Robert E. Blackburn, separate order to issue.
Scheduling Order is signed and entered.
Court in recess:
Total time in court: 00:50
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303)
825-6119 or toll free at 1-800-962-3345.
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