Free Pretrial Conference - Final - District Court of Colorado - Colorado

Case 1:04-cv-01050-MSK-PAC

Document 65

Filed 05/19/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Maureen Nelson Court Reporter: Paul Zuckerman Civil Action No. 04-cv-01050-MSK-PAC Parties: NICKY L. SMITH-BEY, Plaintiff, v. CPT. SCOTT GIBSON, SGT. PAYNE, SGT. JOSEPH BARNHILL, LISA FITZGERALD, JESSICA MEKELBURG, and MICHAEL YONGER, Defendants. Edward Farry, Jr. Counsel Appearing: Date: May 19, 2006

COURTROOM MINUTES

HEARING: Final Trial Preparation Conference 8:20 a.m. Court in session.

Client representative for the defendants, Cristina Valencia, present in the courtroom. Discussion regarding non-appearance of the plaintiff, Nicky L. Smith-Bey. The Court will proceed without the plaintiff since it is his responsibility to appear and that requires him to work with his case manager. If he does not wish to appear, he should file appropriate motions asking either to excuse his appearance or to continue the hearing. The Court informs the parties the trial is unlikely to proceed on the date scheduled. Discussion regarding defenses.

Case 1:04-cv-01050-MSK-PAC

Document 65

Filed 05/19/2006

Page 2 of 2

Courtroom Minutes Judge Marcia S. Krieger Page 2 Discussion regarding absence of voir dire questions, jury instructions, witness list, and exhibit list. ORDER: Voir dire questions, jury instructions, witness list, and exhibit lists are due by May 22, 2006. The current trial date of June 19, 2006 is VACATED. Since the Court cannot determine the length of the trial, due to the absence of a witness list, exhibit list and some indication from the plaintiff as to what he intends to propose, the Court will not reset the trial at this time. However, this final trial preparation conference is reset to 3:00 p.m. on May 25, 2006. It is the plaintiff's responsibility to ensure that he can be connected with the Court for purposes of the hearing by telephone. He will need to work with his case manager, this constitutes an order of the Court requiring his appearance. The case manager should contact Maureen Nelson at 303-335-2185 to make the arrangements.

ORDER:

The parties are directed to schedule a settlement conference with Magistrate Judge Coan. 8:35 a.m. Court in recess.

Total Time: 15 minutes. Hearing continued.