Atchison et al v. BNSF Railway Company
Filing
5
ORDER setting Scheduling/Planning Conference for 1/6/2014 at 10:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. By Magistrate Judge Kristen L. Mix on 9/30/2013. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3) (klyon, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02621-MSK-KLM
DANIEL A. ATCHISON,
PAUL GONZALES,
BENNEY GONZALES,
LAWRENCE GUERERRO, and
JAMES SILVA,
Plaintiffs,
v.
BNSF RAILWAY COMPANY RAILROAD CO.,
Defendant.
ORDER SETTING
SCHEDULING/PLANNING CONFERENCE
(as amended effective August 30, 2013)
The above captioned case has been referred to Magistrate Judge Kristen L. Mix
pursuant to the Order of Reference [#4] entered by Chief Judge Marcia S. Krieger on
September 30, 2013.
A. Date of Scheduling Conference
IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Fed.
R. Civ. P. 16(b) shall be held on January 6, 2014, commencing at 10:30 a.m. in Courtroom
C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street,
Denver, Colorado.
B. How to Request Different Date for Scheduling Conference
If this date is not convenient for any counsel or pro se party, he or she shall file a
motion to reschedule the conference to a more convenient date, and shall list dates in the
motion which are available for all counsel and pro se parties. Absent exceptional
circumstances, no request for rescheduling any appearance in this court will be considered
unless a motion is made five (5) business days in advance of the date of appearance.
C. How to Request Appearance By Telephone at Scheduling Conference
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If you wish to appear at the Scheduling Conference by telephone, you must file a
motion seeking permission to appear by telephone and setting forth good cause for a
telephonic appearance. No motion for any telephonic appearance will be granted unless
it is filed at least five (5) business days in advance of the date of appearance.
D. Plaintiff’s Duty to Notify Parties of Scheduling Conference
The plaintiff shall notify all parties who have not entered an appearance as of the
date of this Order of the date and time of the Scheduling/Planning Conference set forth
above.
E. Parties’ Obligations Before Scheduling Conference
1. Scheduling Order
IT IS ORDERED that counsel and pro se parties in this case are to hold a prescheduling conference meeting at least twenty-one (21) days before the scheduling
conference pursuant to Fed. R. Civ. P. 26(f)(1) and prepare a proposed Scheduling Order
in accordance with Fed. R. Civ. P. 26(f), as amended. The instructions for completing the
Scheduling Order may be found on the Court’s website (www.cod.uscourts.gov) with the
scheduling order forms. Please be aware that effective December 1, 2011, there are
TWO forms of Scheduling Order available on the Court’s website under the “Local
Rules” tab: one form for non-administrative review cases and one form for ERISA
cases. PLEASE USE THE CURRENT and CORRECT FORM FOR YOUR CASE.
Pursuant to Fed. R. Civ. P. 26(d), as amended, no discovery is to be exchanged until
after the Rule 26(f) conference meeting. The parties shall include the following language
in Section 8, Paragraph (d) of their proposed Scheduling Order in non-administrative review
cases:
“Other Planning or Discovery Orders: No opposed discovery motions are to be filed
with the Court until the parties comply with D.C.COLO.LCivR. 7.1A. If the parties
are unable to reach agreement on a discovery issue after conferring, they shall
arrange a telephone hearing with Magistrate Judge Mix regarding the issue. Both
of these steps must be completed before any contested discovery motions are filed
with the Court.”
No later than seven (7) calendar days prior to the Scheduling/Planning Conference,
counsel and pro se parties shall submit their proposed Scheduling Order in compliance
with the Court’s Electronic Case Filing Procedures which are also available on the Court’s
website. An additional copy of the proposed scheduling order is to be provided to my
chambers at Mix_Chambers@cod.uscourts.gov by e-mail attachment with the subject line
stating “proposed Scheduling Order.”
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Parties who are pro se or do not have access to the internet may obtain the
scheduling order form and instructions from the Clerk’s Office, Room A105, in the Alfred
A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado, 80294. Scheduling
Orders prepared by parties not represented by counsel, or without access to electronic
case filing, are to be submitted to the Clerk of the Court on paper.
2. Mandatory Disclosures
IT IS FURTHER ORDERED that on or before 14 days after the Rule 26(f)
pre-scheduling conference meeting, the parties shall comply with the mandatory disclosure
requirements of Fed.R.Civ.P. 26(a)(1), as amended.
F. Miscellaneous
All out-of-state counsel shall comply with D.C.COLO.LCivR 83.3 before the
Scheduling/Planning Conference.
It is the responsibility of all counsel and pro se parties to notify the Court of his or her
entry of appearance, withdrawal of appearance, substitution of counsel, or change of
address, e-mail address, or telephone number by complying with the Court’s Electronic
Case Filing Procedures or paper-filing the appropriate document with the Court.
The Parties are further advised that they shall not assume that the Court will grant
the relief requested in any motion. Failure to appear at a court-ordered conference or to
comply with a court-ordered deadline which has not been vacated by court order may result
in the imposition of sanctions under Fed. R. Civ. P. 16(f).
Anyone seeking entry to the Byron G. Rogers United States Courthouse will be
required to show valid photo identification. See D.C.COLO.LCivR 83.2B. Failure to comply
with this requirement will result in denial of entry to the courthouse.
DATED: September 30, 2013 at Denver, Colorado.
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