Williams-Berrien v. Wilson et al

Filing 29

MINUTE ORDER; 24 Unopposed Motion to Withdraw is GRANTED. 23 Unopposed Motion for Leave to Appear by Telephone for the Scheduling Conference on September 17, 2015 is DENIED as moot. Scheduling Conference set for 9/17/2015 11:00 AM is VACATED and RESET to 12/22/2015 11:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. Plaintiff and his/her case manager shall contact the court at: [phone] on the above date and time in order to participate, by Magistrate Judge Kristen L. Mix on 9/9/15. (Attachments: # 1 Attachment 1)(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00948-REB-KLM
DERICK LAMAR WILLIAMS-BERRIEN,
Plaintiff,
v.
DAVID WILSON, Officer, individually and in his official capacity as a paid peace officer and
as an Employee and/or Agent of the Aurora Department and the City of Aurora,
GARY OLIVER, Officer, individually and in his official capacity as a paid peace officer and
as an Employee and/or Agent of the Aurora Department and the City of Aurora,
ROBERT PETREE, Officer, individually and in his official capacity as a paid peace officer
and as an Employee and/or Agent of the Aurora Department and the City of Aurora,
DAN OATES, Aurora Police Chief, individually and in his capacity as a paid peace officer
supervisor of Officers David Wilson, Gary Oliver, and Robert Petree and as an Employee
and/or Agent and/or Chief of the Aurora Police Department and the City of Aurora,
THE CITY OF AURORA, in its capacity as a governmental entity and as the
employer/principal of Officers David Wilson, Gary Oliver, and Robert Petree, Aurora Police
Chief Dan Oates, and the Aurora Police Department, and
AURORA POLICE DEPARTMENT, in its capacity as employer and/or supervisor of Officers
David Wilson, Gary Oliver, and Robert Petree, Aurora Police Chief Dan Oates, and an
Agent and/or independent contractor of the City of Aurora,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Unopposed Motion for Leave to
Appear by Telephone for the Scheduling Conference on September 17, 2015 [#23]
(the “Motion to Appear by Telephone”) and on the Unopposed Motion to Withdraw [#24]
(the “Motion to Withdraw”), filed by Attorney Collin J. Earl (“Earl”), counsel for Plaintiff. The
Court finds that the Motion to Withdraw [#24] complies with the requirements set forth in
D.C.COLO.LAttyR 5(b).
IT IS HEREBY ORDERED that the Motion to Withdraw [#24] is GRANTED.
Accordingly,

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IT IS FURTHER ORDERED that Attorney Earl is relieved of any further
representation of Plaintiff in this case. The Clerk of the Court is instructed to terminate
Attorney Earl as counsel of record, and to remove his name from the electronic certificate
of mailing. Because Attorney Earl indicates that Plaintiff is presently moving between
prison facilities, Plaintiff shall update his address with the Court within one week of
his placement at a new facility.
Because Plaintiff will now be proceeding pro se, the Court hereby notifies him that
he is under a legal obligation to comply with the Federal Rules of Civil Procedure, the Local
Rules in this District, and all orders of this Court. See Green v. Dorrell, 969 F.2d 915, 917
(10th Cir. 1992). To the extent that Plaintiff feels that he cannot bear the responsibility at
this time, he may voluntarily dismiss his case without prejudice pursuant to Fed. R. Civ. P.
41(a). In order to more fully explain the responsibilities Plaintiff now bears as a pro se
litigant, the Court has attached a letter as an exhibit to this Minute Order.
IT IS FURTHER ORDERED that the Motion to Appear by Telephone [#23] is
DENIED as moot.
IT IS FURTHER ORDERED sua sponte that the Scheduling Conference set for
September 17, 2015 at 11:00 a.m. is VACATED and RESET to December 22, 2015 at
11:00 a.m. in Courtroom A-401 of the Alfred A. Arraj United States Courthouse, 901 19th
Street, Denver, Colorado. The parties need not comply with the requirements of Fed. R.
Civ. P. 16 and 26(a)(1) and D.C. COLO.LCivR. 16.1 and 16.2. The purpose of the initial
conference is to consider the nature and status of the case, the timing for filing of any
motions or responses, and what discovery, if any, will be needed. Plaintiff and his/her
case manager shall contact the court at: [phone] on the above date and time
in order to participate.

Dated: September 9, 2015

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