Dawson v. Lengerich et al

Filing 96

ORDER. The Court ORDERS the four-day jury trial set to commence on August 23, 2021 is hereby VACATED. The Trial Preparation Conference set for July 30, 2021 is also VACATED. Defendants' Motion (ECF No. 85 ) is DENIED AS MOOT. Counsel are directed to contact the Court's Judicial Assistant via email ([e-mail]), on or before the close of business on August 2, 2021 to obtain new trial dates. By Judge Raymond P. Moore on 7/26/2021.(trvo, )

Case 1:18-cv-01112-RM-SKC Document 96 Filed 07/26/21 USDC Colorado Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 18-cv-01112-RM-SKC
JAMES RALPH DAWSON, JR.,
Plaintiff,
v.
COLEMAN, BVCC Associate Warden,
DAVID LISAC, Major, and
TRESCH, Corrections Officer,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Before the Court is Defendants’ Motion for Continuance of Trial (ECF No. 85), seeking
to postpone the four-day jury trial scheduled to begin on August 23, 2021. Defendants request a
continuance, stating that Defendant Tresch will be on Family Medical Leave Act (“FMLA”)
leave until the beginning of September 2021 because he “is expecting the birth of a child in the
coming weeks and will have to care for his child and provide assistance to his spouse during the
weeks immediately following the birth.” (ECF No. 85 at 4.) The Motion further states that
attending trial would require Defendant Tresch to “have to leave his home to travel four
consecutive days from the Buena Vista area, more than 100 miles from Denver one-way while
on FMLA leave.” (Id.) In response, Plaintiff contends that there is nothing preventing
Defendant Tresch from appearing in Court. (ECF No. 88 at 1.) The Court agrees with Plaintiff
that the grounds stated in the Motion are wholly inadequate to justify a continuance.

Case 1:18-cv-01112-RM-SKC Document 96 Filed 07/26/21 USDC Colorado Page 2 of 2

However, other relevant grounds do exist for continuing this trial. The Court is facing a
backlog of cases that were postponed due the Covid-19 pandemic. A criminal case that has
twice been continued has been scheduled for the same time as this trial. It is proceeding to trial
and has priority over this civil matter.
Therefore, the Court ORDERS:
(1)

the four-day jury trial set to commence on August 23, 2021 is hereby VACATED;

(2)

the Trial Preparation Conference set for July 30, 2021 is also VACATED;

(3)

Defendants’ Motion (ECF No. 85) is DENIED AS MOOT; and

(4)

counsel are directed to contact the Court’s Judicial Assistant via email

([e-mail]), on or before the close of business on August 2, 2021 to
obtain new trial dates.
DATED this 26th day of July, 2021.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

2