Free Status Report - District Court of Colorado - Colorado

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

Document 48

Filed 11/01/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-1050-MSK-PAC NICKY SMITH-BEY, Plaintiff, v. CAPT. SCOTT GIBSON, SGT. PAYNE, SGT. JOSEPH BARNHILL, LISA FITZGERALD, JESSICA MEKELBURG, MICHAEL YONGER, Defendants.

DEFENDANTS' UPDATED STATUS REPORT TO THE COURT

Come Now, the defendants, by and through their attorney, Edward T. Farry, Jr., of Farry and Rector, L.L.P., and hereby updates defendants' status report filed October 28, 2005 [Doc 46]: Status Report 1. The minute order that scheduled deadlines and set the pretrial conference was

filed October 5, 2005. [Doc 44] Plaintiff was ordered to provide defense counsel with a list of his issues, witnesses, and evidence by October 17, 2005. Plaintiff failed to provide the undersigned with any list on or before October 17, 2005. Plaintiff also refused to sign the proposed pretrial order, and thus it was filed without plaintiff's signature October 31, 2005 [Doc 47]. 2. Plaintiff mailed a list of witnesses, issues, and exhibits to the undersigned on

October 27, 2005 - ten days following the court ordered deadline. Receipt of plaintiff's list was 1

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

Document 48

Filed 11/01/2005

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too late for the information to be incorporated into the Proposed Pretrial Order. Plaintiff did not tell the undersigned that he would or had mailed the list during his teleconference on October 27, 2005 (during which, plaintiff said many other things, but failed to respond to the undersigned). 3. This status report, therefore, advises the court plaintiff's late submission of his

witnesses, issues, and evidence which were not included in the Proposed Pretrial Order [Doc 47]. Respectfully submitted November 1, 2005. FARRY and RECTOR, L.L.P. /s/ Edward T. Farry Edward T. Farry, Jr. #8273 Attorney for Defendants 131 South Weber Street Colorado Springs, CO 80903 Phone Number (719) 578-2000 Facsimile Number (719) 578-1794 Original copy signed by Edward T. Farry is on file with Farry and Rector, L.L.P.

CERTIFICATE OF SERVICE I hereby certify that on this November 1, 2005, a true and correct copy of the foregoing was electronically filed with the Clerk of Court using CM/ECF system, which will send notification to the following, and served on each of the following at the indicated address by first class U.S. mail, postage prepaid: Nicky Smith-Bey DOC #98861 Centennial Correctional Facility P.O. Box 600 Canon City, CO 81215-0600

/s/ Kelly R. Moss Original Copy signed by Kelly R. Moss is on file with Farry and Rector, L.L.P.

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