Free Response to Motion - District Court of Colorado - Colorado

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO I\chOV\ 'No. ()~-tl\~-lo01..

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Donja Vaughn, Plaintiff

Simms Rhea, et. al. Defendants SCHEDULING ORDER 1. DATE OF CONFERENCE AND APPEARANCES OF COUNSEL AND PROSE PARTIES The conference occurred on October 18 & 19,2004. Plaintiff is represented by J. Michael Considine, Jr., 12 East Barnard Street, Suite 100, West Chester, PA 19382 and 776 East2nd Avenue, Suite 206, Durango, CO 81301. (610-431-3288.) Defendant Simms Rhea is represented by Jack D. Robinson, Spies, Powers & Robinson, 1660 Lincoln Street, Suite 2220, Denver, CO 80264. (303830-7090). Defendant Joe OIt is represented by Edmund M. Kennedy, Hall & Evans, 1125 17th Street, Suite 600, Denver, CO 80202 (303-628-3300.) Defendants Joel Stevenson and Gary Shoun are represented by Kathleen Spalding, Assistant Attorney General, 1525 Sherman Street, 5th Floor, Denver, CO 80203 (303-866-3249) Defenda..'1t William Connor is represented by Michael C. Wathen, Ray Lego & Associates, 7600 East Orchard Road, Greenwood Village, CO 80111 (303-740-4939.) 2. STATEMENT OF CLAIMS AND DEFENSES a. Plaintiffs: The Defendants knew that Defendant Rhea's Motion to Release Possession of Horses Named Elgin and Edes was denied by Montezuma County District Judge LeRoi on May 28, 2002 and that he ordered on July 8, 2002 that Plaintiff had the

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Defendants' statement of damages: Defendants are not claiming damages in this case. However, Defendants reserve their right to claim attorney fees and costs pursuant to all applicable law.

5. REPORT OF PRECONFERENCE DISCOVERY AND MEETING UNDER FED. R. CIV. P. 26 (1)
a. The Rule 26 (1) meeting was held October 18 & 19,2004. b. All the above-mentioned counsel were present representing their respective parties. c. No proposed changes were made to the timing or requirement of disclosures under Fed. R. Civil P. 26 (a) (1). d. Rule 26 (a) (1) disclosures will be made by November 18,2004. e. There were no agreements to conduct informed discovery.

6. CONSENT
All parties have not consented to exercise of jurisdiction of a magistrate judge.

7. CASE PLAN AND SCHEDULE
a. Deadline for Joinder of Parties and Amendment of Pleadings: January 31, 2005.

i,;c,o,," b. Discovery Cut-Off: FbiRtiffG Ma)[ JO, 200S 8l. D

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c. Dispositive Motion Deadline: plAl~tif£1I! 1.'1.. ~_t .... 1 · ...." -l FI ~()()'\ ,q.,..n. f: I .. L ~October 10,2005. d. Expert Witness Disclosure

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1. Anticipated fields of expert testimony: equine contracts, proper care and feeding of horses, value of horses for sale and at stud, CO Brand Board Procedures, and law enforcement procedures regarding disposition of evidence. 2. Limitations on Use of Experts: none 3. Plaintiffs shall designate all experts and provide o~osing counsel with

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all information specified in Fed. R. Civ. P. 26 (a) (2) on or before J~4. Defendants shall designate any rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26 (a) (2) on or before 2005. 5. Not withstanding the provisions of Fed. R. C. P. 26 (a) (2) (B), no exception to the requirements of the rule will be allowed by stipulation of the parties unless the stipulation is approved by the court. e. Deposition Schedule: Deponent Date Time Length of Deposition

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Depositions to be taken January-September 8,2005 Donja Vaughn Simms Rhea Joe Olt Joel Stevenson William Connor Gary Shoun Sharon Vaughn Jennifer Kowalski, DVM Sheriff Joey Chavez Shelly Rodriguez, Esg. Wanda Cooksley Detective Holt (by telephone)
f. Interrogatory Schedule: Interrogatories shall be submitted by Apri

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g. Production of Documents shall be submitted by A~
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Case 1:04-cv-01002-MSK-CBS
h. Discovery Limitations

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1. Eac~ay take up to 1 0 depositio~

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2. The length of depositions is limited to 3 hours requested by Plaintif1

and 7 hours requested by Defendants. ~

-:> ~ ~\ ~\~~ 3. No modifications on the

number of depositions or interrogatories contained by the federal rules are sought. 4. The parties seek a limitation on the number of requests for admission and requests for production of documents to 20 each, except that there shall be no limit as to requests seeking the admission that a document is authentic.

8. SETTLEMENT
As per Rule 26 (f), F.R.C.P., the parties certify they have discussed the possibilities for a prompt settlement or resolution of the case by alternate dispute resolution. They must also report the result of any such meeting, and any similar future meeting, to the magistrate Judge within ten days of the meeting.

9. OTHER SCHEDULING ISSUES
a. The parties were unable to reach an agreement on the following discovery or scheduling issues:

b. The trial will takrays and will be by jury.

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10. DATES FOR FUTURE ~NCES
a. A settlement conference will be held on i' ~ o'c1ockX.m. It is hereby ordered that all settlement conferences that take place before the magistrate judge shall be confidential.

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( ) Pro se parties and attorneys only need be present. ~ Pre se parties, attorneys, and client representatives with authority to settle must be present. (Note: This requirement is not fulfilled by the presence of counsel. If an insurance company is involved, an adjustor authorized to enter into settlement must also be present.)

¢4 Each party shall submit a Confidential Settlement Statement to the magistrate
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judge on or before ~ ~ \ ~()t\

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outlining the facts

and issues in the case and the party's settlement position.

_N+~A ___________________ _
c. A final pretrial conference will be held in this case on

b. Status conferences will be held in this case at the following dates and times:

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o'clock

~.m. A Final Pretrial Order shall be prepared by the parties and submitted to the court no later that 5 days before the final pretrial conference.

11. OTHER MATTERS
In addition to filing an appropriate notice with the clerk's office, counsel must file a copy of any notice of withdrawal, notice of substitution of counsel, or notice of change of counsel's address or telephone number with the clerk of the magistrate judge assigned to this case. In addition to filing an appropriate notice with the clerk's office, a pro se party must file a copy of a notice of change of his or her address or telephone number with the clerk of the magistrate judge assigned to the case.

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