Mills v. Colorado West Healthcare System

Filing 36

ORDER granting 34 Motion to Stay of Scheduling Order Deadlines and Continuance of Trial. The combined Final Pretrial Conference and Trial Preparation Conference set 3/20/215 and the trial set to commence 4/6/2015 are VACATED and CONTINUED pendin g further order. Counsel SHALL CONTACT the court's administrative assistant on 3/16/2015 at 10:00 AM to reschedule the Final Pretrial Conference and Trial Preparation Conference as well as the trial. Defendant SHALL FILE its reply in support of its motion for summary judgment by 3/27/2015. By Judge Robert E. Blackburn on 2/23/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-02542-REB-GPG
JULIE MILLS, D.O.,
Plaintiff,
v.
COLORADO WEST HEALTHCARE SYSTEM,
Defendant.

ORDER GRANTING MOTION TO STAY DEADLINES & CONTINUE TRIAL
Blackburn, J.
This matter is before me on the Joint Motion for Stay of Scheduling Order
Deadlines and Continuance of Trial [#34]1 filed February 12, 2015. I grant the
motion.
This case is set for trial beginning April 6, 2015. The parties have agreed to
engage in mediation which is scheduled for March 12, 2015. The parties seek to
postpone the filing of the defendant’s reply in support of its motion for summary
judgment until two weeks after the mediation date. Given these circumstances, the
parties seek also a stay of certain deadlines and a continuance of the trial.
The United States Court of Appeals for the Tenth Circuit has outlined four
primary factors that should be considered to determine if a continuance is necessary.
See, e.g., Morrison Knudsen Corp. v. Fireman's Fund Ins. Co.,175 F.3d 1221, 1230
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“[#34]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

(10th Cir. 1999) (citing U.S. v. West, 828 F.2d 1468, 1469 (10th Cir. 1987) (listing
factors)). The key relevant factors are
(1) the diligence of the party requesting the continuance; (2) the likelihood
that the continuance, if granted, would accomplish the purpose underlying
the party’s expressed need for the continuance; (3) the inconvenience to
the opposing party, its witnesses, and the court resulting from the
continuance; [and] (4) the need asserted for the continuance and the harm
that [movant] might suffer as result of the district court’s denial of the
continuance.
United States v. Rivera, 900 F.2d 1462, 1475 (10th Cir. 1990) (quoting United States
v. West, 828 F.2d 1468, 1470 (10th Cir. 1987)).
Although the parties do not address the West factors in their motion2, these
factors augur toward a continuance of the trial and extension of various deadlines in an
effort to encourage mediation of this dispute. The deadlines at issue directly affect final
trial preparation. In light of a possible resolution of this case in mediation, it would not
be efficient for the parties also to prepare for a trial which may not be necessary. In
addition, the court notes that the trial of the above-captioned case conflicts with the trial
setting of a criminal case on the court’s calendar, which criminal case has priority on the
calendar and almost certainly will proceed to trial.
THEREFORE, IT IS ORDERED as follows:
1. That the Joint Motion for Stay of Scheduling Order Deadlines and
Continuance of Trial [#34] filed February 12, 2015, is GRANTED;
2. That the combined Final Pretrial Conference and Trial Preparation
Conference set March 20, 2015, and the trial set to commence April 6, 2015, are
VACATED and CONTINUED pending further order;

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REB Civil Practice Standard II.F.2 provides that all motions to continue will be determined using
the West factors.

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3. That counsel SHALL CONTACT the court’s administrative assistant at (303)
335-2350 on March 16, 2015, at 10:00 a.m. (MDT), to reschedule the combined Final
Pretrial Conference and Trial Preparation Conference as well as the trial;
4. That when re-set, the trial shall be set for seven consecutive trial days,
Monday through Thursday, in two consecutive weeks;
5. That the defendant SHALL FILE its reply in support of its motion for summary
judgment by March 27, 2015;
6. That the current deadlines for submission of pretrial disclosures, objections to
pretrial disclosures, a proposed final pretrial order, witness and exhibit lists, proposed
jury instructions, and trial briefs are STAYED;
7. That the Trial Preparation Conference Order [#19] entered January 8, 2014,
is AMENDED and SUPPLEMENTED accordingly; and
8. That when trial is re-set in this case, a new Trial Preparation Conference
Order SHALL BE ISSUED setting new deadlines for pretrial submissions by the parties.
Dated February 23, 2015, at Denver, Colorado.
BY THE COURT:

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