Hall v. Shumard et al

Filing 35

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference/Show Cause Hearing held on 2/22/2016. Order to Show Cause 21 is deemed satisfied and is discharged. Granting 33 Defendan ts' Motion to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss. Discovery is STAYED. Plaintiff shall have up to and including 3/31/2016 in which to file his RESPONSE to Defendants' Motion to Dismiss 31 . Plaintiff is directed to mail his Response no later than 3/24/2016 to allow adequate time for the mail process and docketing to occur by the deadline of 3/31/2016. Defense counsel shall mail copy of the Motion to Dismiss 31 to Plaintiff. 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. 15-cv-01949-RBJ-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

February 22, 2016

Counsel

Parties
CARL HALL,
#44729-054

Pro Se

(by telephone)

Plaintiff(s),
v.
LT. SHUMARD,
LT. MONAREZ,
C.O. BUTZ, and
C.O. CATES,

Evan P. Brennan

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING: RULE 16(b) SCHEDULING CONFERENCE/SHOW CAUSE HEARING
Court in session: 9:01 a.m.
Court calls case. Appearances of Pro Se plaintiff and defense counsel.
As all defendants have been served, and counsel has entered his appearance for all
defendants,
It is ORDERED:

The ORDER TO SHOW CAUSE [Docket No. 21, filed December 21,
2015] is deemed satisfied and is discharged.

Discussion is held regarding Defendants’ Motion to Stay Discovery Pending Resolution of
Defendants’ Motion to Dismiss [Docket No. 33, filed February 19, 2016]. It is noted the
individual Defendants have asserted qualified immunity and the Motion to Dismiss is fully
dispositive.
It is ORDERED:

Defendants’ MOTION TO STAY DISCOVERY PENDING RESOLUTION
OF DEFENDANTS’ MOTION TO DISMISS [Docket No. 33, filed February
19, 2016] is GRANTED for reasons as set forth on the record.

It is ORDERED:

Discovery is STAYED pending ruling on the Defendants’ Motion to
Dismiss or as further ordered by the Court.

It is ORDERED:

Plaintiff shall have up to and including MARCH 31, 2016 in which to file
his RESPONSE to Defendants’ MOTION TO DISMISS [Docket No. 31,
filed February 16, 2016]. Plaintiff is directed to mail his Response no
later than MARCH 24, 2016 to allow adequate time for the mail process
and docketing to occur by the deadline of MARCH 31, 2016.

As Plaintiff represents to the Court that he did not receive a copy of the Defendants’ Motion to
Dismiss [Docket No. 31],
It is ORDERED:

Defense counsel shall forthwith mail a copy of Defendants’ Motion to
Dismiss [Docket No. 31] to Plaintiff. Defense counsel shall also contact
the legal department at the Florence Admax U. S. Penitentiary to arrange
to have a copy of the motion FAXed to the department and then handdelivered to the Plaintiff.

Following a ruling on the Defendants’ Motion to Dismiss, a Scheduling Conference, if
necessary, will be set by minute order.
It is ORDERED:

The SCHEDULING CONFERENCE is vacated, to be set at a future date
if necessary.
The Court does not consider any of the three Proposed Scheduling
Orders filed [Docket No. 28, filed February 10, 2016], [Docket No. 28,
filed February 11, 2016] and [Docket No. 30, filed February 15, 2016].

Hearing concluded.
Court in recess: 9:16 a.m.
Total in-court time: 00:15
To order a transcript of this proceedings, contact Stevens-Koenig Reporting [phone]

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