Free Status Report - District Court of Colorado - Colorado

Case 1:04-cv-00421-MSK-PAC

Document 92

Filed 02/22/2006

Page 1 of 2

IN THE UNTIED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00421-MSK-OES CLAIRE D. FITZGERALD, Plaintiff, v. ALBERTO GONZALEZ, Attorney General, US DEPARTMENT OF JUSTICE (FEDERAL BUREAU OF PRISONS), Defendant(s).

STATUS REPORT

Plaintiff submits the following status report concerning issues that need to be brought to the attention of the Court or need to be addressed by the Court: 1. Settlement: Defendant is unwilling to discuss settlement or attend a Settlement Conference with Magistrate Judge Coan until the Court rules on its Motion for Summary Adjudication. 2. Motion in Limine: Plaintiff filed a Motion in Limine on January 24, 2006, concerning Defendant's Exhibit 36 (photographs of Plaintiff.) This Motion has not yet been ruled upon by the Court. 3. Witness Testimony: Plaintiff estimates 20 hours of direct testimony. Defendant estimates 26.5 hours of direct testimony. The parties, however, had agreed to a 5-day trial in the Scheduling Order dated March 6, 2005. Defendant's estimated testimony turns this case from a 5-day trial to a four week trial. Thus, there is a problem with attempting to schedule this trial in the allotted time frame. Plaintiff does not believe that Defendant

Case 1:04-cv-00421-MSK-PAC

Document 92

Filed 02/22/2006

Page 2 of 2

needs 26.5 hours of direct testimony and submits that Defendant may be attempting to have the trial rescheduled. 4. Designations: Plaintiff and Defendant reserve the right to designate MSPB testimony of any witness listed who is unavailable for trial. Dated this day of February, 2006. ELWYN F. SCHAEFER & ASSOCIATES, P.C. s/ Elwyn F. Schaefer Elwyn F. Schaefer Andrea J. Kershner 600 17th Street, Suite 2005-S Denver CO 80202 (303) 825-1961 (303) 835-5460 fax [email protected] s/ Scott F. Reese Scott F. Reese 795 West birch Court, Suite 100 Louisville CO 80027 (303) 665-4448 Attorneys for Plaintiff CERTIFICATE OF ELECTRONIC SERVICE I hereby certify that on this day of Feburary, 2006, I electronically filed with the Clerk of the U.S. District Court using the CM/ECF system which will send notification of such filing to the following: Phyllis A. Dow [email protected] Michael Hegarty [email protected] Claire D. Fitzgerald 14408 W 74th Street Shawnee KS 66216

s/

Lori J. Fraser