Branson v. Price et al

Filing 95

ORDER granting 70 Plaintiff's Unopposed Motion to Vacate and Reset the Trial Date. The Combine Final Pretrial Conference and Trial Preparation Conference set for 3/20/2015 and the trial set to commence 4/6/2015 are VACATED and CONTINUED pend ing further order. Counsel SHALL CONTACT the court's administrative assistant on 3/9/2015 at 9:00 AM to reschedule the combined Final Pretrial Conference and Trial Preparation Conference and the trial. By Judge Robert E. Blackburn on 3/2/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn

Civil Action No. 1:13-cv-03090-REB-BNB
GARY BRANSON,
Plaintiff,
v.
COMMERCE CITY POLICE OFFICER ROBERT PRICE, in his official and individual
capacity,
COMMERCE CITY COMMUNITY SERVICES OFFICER ARICA BORES, in her official
and individual capacity,
COMMERCE CITY POLICE OFFICER CHRISTOPHER CASTILLO, in his official and
individual capacity, and
CITY OF COMMERCE CITY, COLORADO,
Defendants.

ORDER GRANTING MOTION TO CONTINUE TRIAL
Blackburn, J.
This matter is before me on the Plaintiff’s Unopposed Motion To Vacate and
Reset The Trial Date [#70]1 filed November 19, 2014. I grant the motion.
This case is set for trial beginning April 6, 2015. On the same date, the court is
set to begin trial in a criminal case, United States of America v. Rivera,
10-cr-00164-REB. Given these conflicting settings, the court is not able to conduct trial
in the above-captioned case beginning on April 6, 2015.
The United States Court of Appeals for the Tenth Circuit has outlined four
1

“[#70]” 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.

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
(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)). Given the circumstances noted above,
these factors augur toward a continuance of the trial.
THEREFORE, IT IS ORDERED as follows:
1. That the Plaintiff’s Unopposed Motion To Vacate and Reset The Trial
Date [#70] filed November 19, 2014, is GRANTED;
2. That the combined Final Pretrial Conference and Trial Preparation
Conference set for March 20, 2015, and the trial set to commence April 6, 2015, are
VACATED and CONTINUED pending further order;
3. That counsel SHALL CONTACT the court’s administrative assistant at (303)
335-2350 on March 9, 2015, at 9:00 a.m. (MDT), to reschedule the combined Final
Pretrial Conference and Trial Preparation Conference and the trial; and

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4. That the Trial Preparation Conference Order [#36] entered May 16, 2014, is
AMENDED and SUPPLEMENTED accordingly.
Dated March 2, 2015, at Denver, Colorado.
BY THE COURT:

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