Free Status Report - District Court of Colorado - Colorado

Case 1:04-cv-00074-MSK-CBS

Document 71

Filed 09/09/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00074-MSK-CBS JIMMY L. STROZIER, Plaintiff, v. JOHN E. POTTER, Postmaster General, United States Postal Service, Defendant.

STATUS REPORT TO THE COURT CONCERNING PRETRIAL SUBMISSIONS

Defendant John E. Potter, through his undersigned counsel, submits the following status report to the Court regarding pre-trial submissions. 1. Final Pretrial Conference is set for September 15, 2005. Trial is scheduled to commence on January 17, 2006. There is a pending Motion for Summary Judgment and a Jurisdictional Motion to Dismiss all claims in this matter. 2. Plaintiff appears in this matter pro se. Plaintiff lives in Alabama and has no access to a computer with email access or easy access to a facsimile machine. His best form of contact is by cell phone and the service in this part of Alabama has been sporadic. 3. Undersigned counsel and Plaintiff have been diligently attempting to comply with the Court's order regarding pre-trial submissions. Pursuant to

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this Court's order pre-trial submissions should be submitted by email to chambers and on electronic disc. 4. Due to difficulties in communication arising from the effect of Hurricane Katrina shutting down electricity and cell phone service, the inability to exchange documents except through mail or overnight delivery service because of the sporadic access to fax machines, simple communication problems, i.e. electricity going out, cell-phone service being sporadic, and Plaintiff not having access to the internet, it has not been possible to comply with all the Court's requirements within the time constraints provided in the Court's order, despite good faith and diligent efforts by the parties. 5. Although the parties have been unable to agree as to all matters requested, some stipulations have been achieved. Undersigned counsel is submitting a stipulated witness list and a stipulated exhibit list. Stipulations have not been achieved regarding jury instructions. Therefore, undersigned counsel submits Defendant's proposed jury instructions, and Defendant's proposed voir dire questions, as well as the stipulated witness and exhibit list pursuant to the Court's instructions by email and on disc. 5. As Plaintiff has no access to the internet, and pursuant to Plaintiff's request, Defendant is also submitting: (1) Plaintiff's proposed jury instructions; (2) Plaintiff's proposed voir dire; and (3) Plaintiff's glossary of terms. As the only copies that Defendant has are facsimile copies, these documents are

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provided in PDF format to the Court on disc. 6. Plaintiff and Defendant continue to work on providing a stipulated set of jury instructions for the Court and in stipulating to the admission of exhibits. Plaintiff is driving to Denver and will arrive in Denver on Wednesday, September 14, 2005. Plaintiff and Defendant's counsel will meet in person on that day and discuss further stipulations in order to provide a stipulated set of jury instructions and exhibits to the Court prior to the pre-trial conference. Undersigned counsel anticipates that a face-to-face meeting between the pro se Plaintiff and herself may facilitate this task. 7. Undersigned counsel has spoken to Plaintiff pursuant to D.C.Colo.LCivR 7.1 and in the course of attempting to provide stipulated pre-trial submissions, and is authorized to state that he agrees with the information contained in this Status Report and has requested that his Proposed Jury Instructions, Proposed Voir Dire, and Proposed Glossary be submitted by Defendant, in a good faith attempt to comply with the Court's direction. WHEREFORE, the Defendant submits the following Status Report to the Court in preparation of submission by email and disc Plaintiff's and Defendant's pretrial submissions. Respectfully submitted this _____ day of September, 2005.

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Respectfully submitted, WILLIAM J. LEONE United States Attorney

/s Elizabeth A. Weishaupl Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0109 Fax (303)454-0404 Email: [email protected]

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CERTIFICATE OF MAILING I hereby certify that on this 9 th day of September, 2005, a true and correct copy of the foregoing Status Report was mailed, postage prepaid, to: Jimmy L. Strozier 1467 Illinois St. Leeds, AL 35094 s/ Elizabeth A. Weishaupl Office of the United States Attorney