Avenue Capital Management II, LP et al v. Schaden et al
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 7/23/14. Scheduling Conference set for 11/18/2014 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. (Attachments: # 1 Attachment 1, # 2 Attachment 2) (lgale)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.
1. DATE OF CONFERENCE
AND APPEARANCES OF COUNSEL AND PRO SE PARTIES
[Provide the date of the conference and the names, addresses, and telephone numbers
of counsel for each party and each pro se party. Identify by name the party represented by each
2. STATEMENT OF JURISDICTION
[Provide a concise statement of the basis for subject matter jurisdiction with appropriate
statutory citations. If jurisdiction is denied, give the specific reason for the denial.]
3. STATEMENT OF CLAIMS AND DEFENSES
[Provide concise statements of all claims or defenses. Each party, in light of formal or
informal discovery undertaken thus far, should take special care to eliminate frivolous claims or
defenses. Fed. R. Civ. P. 11 and 16(c)(2)(A). Do not summarize the pleadings. Statements
such as defendant denies the material allegations of the complaint" are not acceptable.]
4. UNDISPUTED FACTS
The following facts are undisputed:
[When the parties have the Rule 26(f) meeting, they should make a good-faith attempt to
determine which facts are not in dispute.]
5. COMPUTATION OF DAMAGES
[Include a computation of all categories of damages sought and the basis and theory for
calculating damages. See Fed. R. Civ. P. 26(a)(1)(A)(iii). This should include the claims of all
parties. It should also include a description of the economic damages, non-economic damages,
and physical impairment claimed, if any.]
6. REPORT OF PRECONFERENCE DISCOVERY AND
MEETING UNDER FED.R.CIV.P. 26(f)
Date of Rule 26(f) meeting.
Names of each participant and party he/she represented.
Statement as to when Rule 26(a)(1) disclosures were made or will be made.
[If a party’s disclosures were not made within the time provided in Fed. R. Civ. P.
26(a)(1)(C) or by the date set by court order, the parties must provide an explanation showing
good cause for the omission.]
Proposed changes, if any, in timing or requirement of disclosures under Fed. R.
Civ. P. 26(a)(1).
Statement concerning any agreements to conduct informal discovery:
[State what processes the parties have agreed upon to conduct informal discovery, such
as joint interviews with potential witnesses or joint meetings with clients to discuss settlement, or
exchanging documents outside of formal discovery. If there is agreement to conduct joint
interviews with potential witnesses, list the names of such witnesses and a date and time for the
interview which has been agreed to by the witness, all counsel, and all pro se parties.]
Statement concerning any other agreements or procedures to reduce discovery
and other litigation costs, including the use of a unified exhibit numbering system.
[Counsel and pro se parties are strongly encouraged to cooperate in order to reduce the
costs of litigation and expedite the just disposition of the case. Discovery and other litigation
costs may be reduced, for example, through telephone depositions, joint repositories for
documents, use of discovery in other cases, and extensive use of expert affidavits to support
judicial notice. Counsel and pro se parties also will be expected to use a unified exhibit
numbering system if required by the practice standards of the judicial officer presiding over the
trial of this case.]
Statement as to whether the parties anticipate that their claims or defenses will
involve extensive electronically stored information, or that a substantial amount of
disclosure or discovery will involve information or records maintained in electronic
[In such cases, the parties must indicate what steps they have taken or will take to (I)
preserve electronically stored information; (ii) facilitate discovery of electronically stored
information; (iii) limit the associated discovery costs and delay; (iv) avoid discovery disputes
relating to electronic discovery; and (v) address claims of privilege or of protection as
trial-preparation materials after production of computer-generated records. Counsel should
describe any proposals or agreements regarding electronic discovery made at the Rule 26(f)
conference and be prepared to discuss issues involving electronic discovery, as appropriate, at
the Scheduling Conference.]
[When the parties have their Rule 26(f) meeting, they must discuss any issues relating to
the disclosure and discovery of electronically stored information, including the form of
production, and also discuss issues relating to the preservation of electronically stored
information, communications, and other data. At the Rule 26(f) meeting, the parties should
make a good faith effort to agree on a mutually acceptable format for production of electronic or
computer-based information. In advance of the Rule 26(f) meeting, counsel carefully investigate
their client’s information management systems so that they are knowledgeable as to its
operation, including how information is stored and how it can be retrieved.]
Statement summarizing the parties’ discussions regarding the possibilities for
promptly settling or resolving the case.
[The parties are required by Fed. R. Civ. P. 26(f)(2) to have discussed the possibilities for
a prompt settlement or resolution of the case by alternate dispute resolution. They must also
report the result of any such meeting, and any similar future meeting, to the magistrate judge
within 14 days of the meeting.]
[Pursuant to D.C.COLO.LCivR 72.2, all full-time magistrate judges in the District of
Colorado are specially designated under 28 U.S.C. § 636(c)(1) to conduct any or all
proceedings in any jury or nonjury civil matter and to order the entry of judgment. Parties
consenting to the exercise of jurisdiction by a magistrate judge must complete and file the
court-approved Consent to the Exercise of Jurisdiction by a United States Magistrate Judge
[Indicate below the parties’ consent choice. Upon consent of the parties and an order of
reference from the district judge, the magistrate judge assigned the case under 28 U.S.C.§
636(a) and (b) will conduct all proceedings related to the case.]
All parties [have or have not] consented to the exercise of jurisdiction of a magistrate
8. DISCOVERY LIMITATIONS
[In the majority of cases, the parties should anticipate that the court will adopt the
presumptive limitations on depositions established in Fed. R. Civ. P. 30(a)(2)(A)(I) and 33(a)(I).
The parties are expected to engage in pretrial discovery in a responsible manner consistent with
the spirit and purposes of Fed. R. Civ. P. 1 and 26 through 37. The parties are expected to
propose discovery limits that are proportional to the needs of the case, the amount in
controversy, and the importance of the issues at stake in the action. See Fed. R. Civ. P.
26(g)(1)(B)(iii). The court must limit discovery otherwise permitted by the Federal Rules of Civil
Procedure if it determines that “the burden or expense of the proposed discovery outweighs its
likely benefit, considering the needs of the case, the amount in controversy, the parties’
resources, the importance of the issues at stake in the action, and the importance of the
discovery in resolving the action.” See Fed. R. Civ. P. 26(b)(2)(C).]
Modifications which any party proposes to the presumptive numbers of
depositions or interrogatories contained in the Federal Rules.
[If a party proposes to exceed the numerical limits set forth in Fed. R. Civ. P.
30(a)(2)(A)(I), at the scheduling conference they should be prepared to support that request by
reference to the factors identified in Fed. R. Civ. P. 26(b)(2)(C)]
Limitations which any party proposes on the length of depositions.
Limitations which any party proposes on the number of requests for production
and/or requests for admission.
[If the parties propose more than twenty-five (25) requests for production and/or requests
for admission, at the scheduling conference they should be prepared to support that proposal by
reference to the factors identified in Fed. R. Civ. P. 26(b)(2)(C).]
Other Planning or Discovery Orders
[Set forth any other proposed orders concerning scheduling or discovery. For example,
the parties may wish to establish specific deadlines for submitting protective orders or for filing
motions to compel.]
9. CASE PLAN AND SCHEDULE
Deadline for Joinder of Parties and Amendment of Pleadings:
[Set time period within which to join other parties and to amend all pleadings. This
deadline refers to timing only and does not eliminate the necessity to file an appropriate motion
and to otherwise comply with Fed. R. Civ. P. 15. Unless otherwise ordered in a particular case,
for good cause, this deadline should be no later than 45 days after the date of the scheduling
conference, so as to minimize the possibility that late amendments and joinder of parties will
precipitate requests for extensions of discovery cutoff, final pretrial conference, and dispositive
motion dates. Counsel and pro se parties should plan discovery so that discovery designed to
identify additional parties or claims is completed before these deadlines.]
Dispositive Motion Deadline:
[Set time periods in which discovery is to be completed and dispositive motions are to be
Expert Witness Disclosure
The parties shall identify anticipated fields of expert testimony, if any.
Limitations which the parties propose on the use or number of expert
The parties shall designate all experts and provide opposing counsel and
any pro se parties with all information specified in Fed. R. Civ. P. 26(a)(2)
on or before
, 201__. [This includes disclosure
of information applicable to “Witnesses Who Must Provide A Written
Report” under Rule 26(a)(2)(B) and information applicable to “Witnesses
Who Do Not Provide a Written Report” under Rule 26(a)(2)(C).]
The parties shall designate all rebuttal experts and provide opposing
counsel and any pro se party with all information specified in Fed. R. Civ.
P. 26(a)(2) on or before
, 201___. [This
includes disclosure of information applicable to “Witnesses Who Must
Provide A Written Report” under Rule 26(a)(2)(B) and information
applicable to “Witnesses Who Do Not Provide a Written Report” under
[Notwithstanding the provisions of Fed. R. Civ. P. 26(a)(2)(B), no exception to the
requirements of the Rule will be allowed by stipulation unless the stipulation is in writing and
approved by the court. In addition to the requirements set forth in Rule 26(a)(2)(B)(I)-(vi), the
expert’s written report also must identify the principles and methods on which the expert relied in
support of his/her opinions and describe how the expert applied those principles and methods
reliably to the facts of the case relevant to the opinions set forth in the written report.]
Identification of Persons to Be Deposed:
[List the names of persons to be deposed and provide a good faith estimate of the time
needed for each deposition. All depositions must be completed on or before the discovery
cut-off date and the parties must comply with the notice and scheduling requirements set for in
Deadline for Interrogatories:
[The parties are expected to serve interrogatories on opposing counsel or a pro se party
on a schedule that allows timely responses on or before the discovery cut-off date.]
Deadline for Requests for Production of Documents and/or Admissions
[The parties are expected to serve requests for production and/or requests for admission
on opposing counsel or a pro se party on a schedule that allows timely responses on or before
the discovery cut-off date.]
10. DATES FOR FURTHER CONFERENCES
[The magistrate judge will complete this section at the scheduling conference if he or she
has not already set deadlines by an order filed before the conference.]
Status conferences will be held in this case at the following dates and times:
A final pretrial conference will be held in this case on ____________ at
___o’clock m. A Final Pretrial Order shall be prepared by the parties and
submitted to the court no later than seven (7) days before the final pretrial
11. OTHER SCHEDULING MATTERS
Identify those discovery or scheduling issues, if any, on which counsel after a
good faith effort, were unable to reach an agreement.
Anticipated length of trial and whether trial is to the court or jury.
Identify pretrial proceedings, if any, that the parties believe may be more
efficiently or economically conducted in the District Court’s facilities at 212 N.
Wahsatch Street, Colorado Springs, Colorado; Wayne Aspinall U.S.
Courthouse/Federal Building, 402 Rood Avenue, Grand Junction, Colorado; or
the U.S. Courthouse/Federal Building,103 Sheppard Drive, Durango, Colorado.
[Determination of any such request will be made by the magistrate judge based on the
individual needs of the case and the availability of space and security resources.]
12. NOTICE TO COUNSEL AND PRO SE PARTIES
[The following paragraphs shall be included in the scheduling order:]
The parties filing motions for extension of time or continuances must comply with
D.C.COLO.LCivR 6.1D. by submitting proof that a copy of the motion has been served upon the
moving attorney's client, all attorneys of record, and all pro se parties.
Counsel will be expected to be familiar and to comply with the Pretrial and Trial
Procedures or Practice Standards established by the judicial officer presiding over the trial of this
With respect to discovery disputes, parties must comply with D.C.COLO.LCivR 7.1A.
In addition to filing an appropriate notice with the clerk's office, a pro se party must file a
copy of a notice of change of his or her address or telephone number with the clerk of the
magistrate judge assigned to this case.
In addition to filing an appropriate notice with the clerk's office, counsel must file a copy of
any motion for withdrawal, motion for substitution of counsel, or notice of change of counsel's
address or telephone number with the clerk of the magistrate judge assigned to this case.
13. AMENDMENTS TO SCHEDULING ORDER
[Include a statement that the scheduling order may be altered or amended only
upon a showing of good cause.]
DATED at Denver, Colorado, this ____ day of
BY THE COURT:
United States Magistrate Judge
Attorney for Plaintiff (or Plaintiff, Pro Se)
Attorney for Defendant (or Defendant, Pro Se)
[Please affix counsels' and any pro se party's signatures before submission of the final
scheduling order to the court.]
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