Martinez v. Fordyce Auto Center, Inc. et al

Filing 28

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 7/29/2014. Discovery due by 3/18/2015., Dispositive Motions due by 4/20/2015. Withdrawing 16 Motion to Dismiss; Plaintiff shall file response to 20 Motion to Dismiss. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A502. (emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No.

14-cv-01428-REB-MJW

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

Date:

Counsel

Parties
JOSE MARTINEZ,

M. T. Beverly Mahaso

(by telephone)

Plaintiff(s),
v.
FORDYCE AUTO CENTER, INC., and
GORDON FORDYCE,
Defendant(s).

Michael J. Decker
Elizabeth A. Gillespie
Bradley Ross-Shannon
John S. Tatum
Justin H. Zouski

COURTROOM MINUTES / MINUTE ORDER
HEARING: RULE 16(b) SCHEDULING CONFERENCE
Court in session: 9:45 a.m.
Court calls case. Appearances of counsel.
Pursuant to D.C.COLO.LCivR 10.1 it is noted that the proper case number for this action is 14cv-01428-REB-MJW. Counsel are directed to edit their records accordingly.
Discussion is held regarding the pending Motions to Dismiss. Counsel on behalf of defendant
Gordon Fordyce makes an oral motion to withdraw the Motion to Dismiss [ Docket No. 16] which
was filed prior to the filing of the Amended Complaint [Docket No. 19, filed June 27, 2014]. With
no objections,
It is ORDERED:

Defendant Gordon Fordyce’s Oral Motion to Withdraw the first Motion to
Dismiss is granted, therefore, Defendant Gordon Fordyce’s MOTION TO
DISMISS THE PLAINTIFF’S CLAIM OF HARASSMENT PURSUANT TO
F.R.C.P. [sic] 13(b)(6) [Docket No. 16, filed June 20, 2014] is
WITHDRAWN for reasons as set forth on the record

Plaintiff shall file his Response to the remaining Motion to Dismiss [Docket No. 20, filed July 11,
2014] in accordance with the Local Rules for the District of Colorado.
The following will confirm the actions taken and dates set at the scheduling conference held this
date:

Joinder of Parties/Amendment to Pleadings:

SEPTEMBER 13, 2014

Discovery Cut-off: MARCH 18, 2015
Dispositive Motions Deadline: APRIL 20, 2015
Each side shall be limited to
expert witnesses, without further leave of Court.
Parties shall designate experts on or before DECEMBER 29, 2014
Parties shall designate rebuttal experts on or before JANUARY 28, 2015
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 FEBRUARY 16, 2015
Limitations as to interrogatories, requests for production, and requests for admission as
proposed by the parties are accepted by the Court.
Each side shall be limited to ten (10) depositions. Each deposition shall be limited to one (1)
day of a maximum of seven (7) hours, or as agreed by parties in Scheduling Order, absent
leave of Court. All depositions, fact and expert witnesses, shall be completed no later than
MARCH 18, 2015.
FINAL PRETRIAL CONFERENCE, TRIAL PREPARATION CONFERENCE and TRIAL:
Currently set before Judge Robert E. Blackburn:
Final Pretrial Conference and Trial Preparation Conference: July 24, 2015 at 10:00 a.m.
Parties shall file their proposed final pretrial order on or before July 17, 2015
Ten (10) day trial to a jury: August 10, 2015 at 8:30 a.m.
! 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 signed and entered with interlineations JULY 29, 2014

Hearing concluded.
Court in recess: 10:04 a.m.
Total in-court time: 00:19
To order a transcript of this proceedings, contact Avery Wood Reports

[phone] or

Page 2 of 2

Toll Free

1-800-962-3345.