Free Order - District Court of Colorado - Colorado

Case 1:04-cv-00215-WDM-MJW

Document 66

Filed 09/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-00215-WDM-MJW OLOYEA D. WALLIN, Plaintiff(s), v. MR HOYT BRILL, et al., Defendant(s). MINUTE ORDER SETTING SCHEDULING/PLANNING CONFERENCE

IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Fed.R.Civ.P.16(b) shall be held on: October 13, 2005, at 2:30 p.m. in Courtroom A-502, Fifth Floor, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado 80294

If this date is not convenient for any counsel/pro se party, he/she should confer with opposing counsel/pro se party and file a motion to reschedule the conference to a more convenient date. The Plaintiff, who is currently incarcerated, shall participate at this conference call by telephone. The plaintiff' case manager shall make the s appropriate arrangements to ensure the availability of the plaintiff for such conferences. The Court' telephone Number is (303) 844-2403. s Absent exceptional circumstances, no request for rescheduling any appearance in this court will be entertained unless a written request is made FIVE (5) business days in advance of the date of appearance. THE PLAINTIFF SHALL NOTIFY ALL PARTIES WHO HAVE NOT ENTERED AN APPEARANCE, OF THE DATE AND TIME OF THE SCHEDULING/PLANNING CONFERENCE.

Case 1:04-cv-00215-WDM-MJW

Document 66

Filed 09/08/2005

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The scheduling conference will be limited to the issues remaining in this case. The Fifth and Sixth Claims against Defendant Ortiz in his official capacity have been dismissed, as have the state law claims against defendant Ortiz. IT IS ORDERED that counsel/pro se parties in this case shall hold a prescheduling conference meeting and prepare a proposed Scheduling Order in accordance with Fed.R.Civ.P.26(f) as amended, and D.C.COLO.LCivR 26.1 and App. F, on or before 21 days prior to scheduling conference. Pursuant to Fed.R.Civ.P.26(d), as amended, no discovery shall be sought until after the pre-scheduling conference meeting. No later than 5 days prior to the Scheduling/Planning Conference, counsel/pro se parties shall submit their proposed Scheduling Order (in PDF) in compliance with the newly established ECF Filing Procedures. An additional copy shall be provided to chambers by e-mail with the subject line " Proposed Scheduling Order" (in WordPerfect format) to: [email protected]. Defendants' counsel shall be responsible for making sure this has been completed since the plaintiff has no CM/ECF access. Counsel/pro se parties shall prepare the proposed Scheduling Order in accordance with the form which may be downloaded in richtext format from the forms section of the Court' website at www.cod.uscourts.gov, and are also attached to this s document. Instructions for downloading in richtext format are posted in the forms section of the website and attached to the end of this document. Parties who are pro se or do not have access to the internet may visit the Clerk' Office in Alfred A. Arraj s U.S. Courthouse, 901 19th Street, Room A-105, Denver, Colorado. (The Clerk' s Office telephone number is (303) 844-3433.) Scheduling Orders prepared by parties not represented by counsel, or without access to ECF, shall be submitted on paper. IT IS FURTHER ORDERED that at least five (5) days prior to the Scheduling/ Planning Conference, counsel/pro se parties shall each submit a brief Confidential Settlement Statement to the Magistrate Judge ONLY, outlining the facts and issues involved in the case, and the possibilities for settlement, including any settlement authority from the client. ECF participants shall submit their Confidential settlement statements to chambers with a subject line " Confidential Settlement Statement"to: [email protected]. (The Confidential Settlement Statement should be in PDF format and sent as an attachment to the e-mail.) Counsel should be prepared to discuss settlement at the Scheduling/Planning Conference and should obtain settlement authority from the client, or have the client available either in person or by telephone. Confidential Settlement Statements prepared by parties not represented by counsel, or without access to ECF, shall be submitted on paper. All out-of-state counsel shall comply with D.C.COLO.LCivR 83.3 prior to the Scheduling/Planning Conference. It is the responsibility of counsel to notice the court of their entry of appearance, notice of withdrawal, notice of substitution of counsel, or notice of change of counsel' s address, e-mail address, or telephone number by complying with the ECF Procedures

Case 1:04-cv-00215-WDM-MJW

Document 66

Filed 09/08/2005

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and, filing the appropriate document with the court. Please remember that everyone seeking entry into the Alfred A. Arraj United States Courthouse will be required to show valid photo identification. See D.C.COLO.LCivR 83.2B. Failure to comply with this requirement will result in denial of entry into the Alfred A. Arraj United States Courthouse. DONE AND SIGNED THIS 8th DAY OF SEPTEMBER, 2005. BY THE COURT: S/Michael J. Watanabe MICHAEL J. WATANABE United States Magistrate Judge