Jordan v. Smith et al

Filing 32

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Motions Hearing / Scheduling Conference held on 1/28/2014. Granting 23 Aurora Defendants' Motion to Clarify. Caption is corrected to list Mo vie Tavern and City of Aurora as 2 separate defendants. Granting 25 Aurora Defendants' Motion to Amend/Correct/Modify Entry of Appearance. Deadline for Plaintiff to file Response to Aurora Defendants' Motion to Dismiss Officer H awkins and to Recaption Case 27 is 2/21/2014. The Court's Minute Order 22 is vacated; Plaintiff's Motion for Jury Demand 20 is accepted as a pending motion, and is Granted. Discovery due by 7/28/2014. Dispositive Motions due by 8/2 7/2014. Show Cause Hearing / Status Conference set for 4/8/2014 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Parties shall file Scheduling Order in its final form for the Court's signature on or before 2/4/2014, nunc pro tunc 1/28/2014. 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.
Date:

13-cv-03063-REB-MJW

January 28, 2014

FTR - Courtroom A-502
Courtroom Deputy, Ellen E. Miller
Counsel

Parties
AARON JORDAN,
#201300015019 Arapahoe County Detention

Pro Se

(by telephone)

Plaintiff(s),
v.
RYAN M. SMITH (agent),
OFFICER HAWKINS #49252 (official capacity suit),
MOVIE TAVERN, and
CITY OF AURORA,

Julia A. Bannon
Charles A. Piekarski

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING: MOTIONS HEARING / RULE 16(b) SCHEDULING CONFERENCE
Court in session: 10:29 a.m.
Court calls case. Appearances of Pro Se plaintiff and defense counsel.
The Court raises Aurora Defendants’ Motion to Clarify [Docket No.23] for argument,
motion filed by defendants Officer Hawkins and City of Aurora. Discussion is held. With no
objection by Plaintiff,
It is ORDERED:

AURORA DEFENDANTS’ MOTION TO CLARIFY [Docket No. 23, filed
January 08, 2014] is GRANTED for reasons as set forth on the record.
The caption is corrected to list MOVIE TAVERN and
CITY OF AURORA as two separate defendants.
The caption on all future pleadings shall list MOVIE TAVERN and
CITY OF AURORA as two separate defendants.

The Court raises Aurora Defendants’ Motion to Amend/Correct/Modify Entry of Appearance
[Docket No. 25, Filed January 08, 2014] for argument. Discussion is held. With no objection
from the Plaintiff,
It is ORDERED:

Aurora Defendants’ MOTION TO AMEND/CORRECT/MODIFY ENTRY
OF APPEARANCE [Docket No. 25, filed January 08, 2014] is
GRANTED for reasons as set forth on the record.

Ms. Bannon does not now and never has had the authority to represent the Ryan Smith, nor
Movie Tavern, named in the Plaintiff's Complaint. She represents Officer Hawkins and City of
Aurora only.
The Court raises Aurora Defendants’ Motion to Dismiss Officer Hawkins and to Recaption Case
[Docket No. 27, Filed January 08, 2014] for argument. Discussion is held.
It is ORDERED:

Plaintiff shall have up to and including FEBRUARY 21, 2014 within which
to file his written RESPONSE to Aurora Defendants’ Motion to Dismiss
Officer Hawkins and to Recaption Case [Docket No. 27, filed January 08,
2014].

It appears no proof of proper service as to Ryan M. Smith and/or Movie Tavern has been filed.
It is ORDERED:

A SHOW CAUSE HEARING / STATUS CONFERENCE
APRIL 08, 2014 at 9:00 a.m. in Courtroom A-502, Fifth floor, Alfred A.
Arraj United States Courthouse, 901 19th Street, Denver, Colorado
80294. A written ORDER TO SHOW CAUSE shall issue.

As Plaintiff is incarcerated, he shall appear by telephone by calling the Court chambers (303)
844-2403 at the scheduled time.
Discussion is held regarding Plaintiff’s Motion for Jury Demand [Docket No. 20] which was
stricken by the Court in its Order [Docket No. 22] entered January 06, 2014. D.C.COLO.LCivR
10.1(g) requires all handwritten documents to be legible. Upon further review of the Motion for
Jury Demand [Docket No. 20], the Court finds it is able to discern what the Plaintiff is seeking
and therefore reconsiders its Order striking the document.
It is ORDERED:

The Court Minute Order [Docket No. 22, filed January 06, 2014] is
VACATED, and
Plaintiff’s Motion for Jury Demand [Docket No. 20, filed January 03, 2014]
is accepted as a pending motion.

With no objection from Defendants present,
It is ORDERED:

Plaintiff’s MOTION FOR JURY DEMAND [Docket No. 20, filed January
03, 2014] is GRANTED for reasons as set forth on the record.

The following will confirm the actions taken and dates set at the scheduling conference held this
date:
Parties shall complete their Fed. R. Civ. P. 26(a)(1) disclosures on or before FEBRUARY 14,
2014.
Joinder of Parties/Amendment to Pleadings:
Discovery Cut-off:

MARCH 14, 2014

JULY 28, 2014

Dispositive Motions Deadline: AUGUST 27, 2014
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Each side shall be limited to three (3) expert witnesses, without further leave of Court.
Parties shall designate experts on or before APRIL 18, 2014
Parties shall designate rebuttal experts on or before MAY 19, 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 JUNE 24, 2014.
Each side shall be limited to twenty-five (25) Interrogatories, twenty-five (25) Requests for
Production, and twenty-five (25) Requests for Admissions, without leave of Court.
Each side shall be limited to five (5) depositions, including 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 JULY 28, 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.
FINAL PRETRIAL CONFERENCE, TRIAL PREPARATION CONFERENCE and TRIAL:
Will be set by Judge Robert E. Blackburn by Order at a future date. The parties anticipate a
three (3 ) 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.

[X] Scheduling Order is approved with interlineations. Parties shall file the Scheduling Order
in its final form for the Court’s signature on or before FEBRUARY 04, 2014, nunc pro tunc
JANUARY 28, 2014.
Hearing concluded.
Court in recess: 11:25 a.m.
Total in-court time: 00:54
To order a transcript of this proceedings, contact Avery Wood Reports

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