Free Order on Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:03-cv-00557-WYD-KLM

Document 272

Filed 06/04/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-00557-WYD-KLM RUSSELL MARSHALL BOLES, Plaintiff, v. GARY D. NEET, Defendant. ________________________________________________________________________ MINUTE ORDER ________________________________________________________________________ ORDER ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on the parties' Joint Motion to Modify Scheduling Order to Facilitate Withdrawal of Counsel [Docket No. 270; Filed June 2, 2008] ("Joint Motion") and counsel for Plaintiff's Unopposed Motion to Withdraw as Counsel for Plaintiff [Docket No. 271; Filed June 2, 2008] ("Motion to Withdraw"). The parties have informed the Court that they have been unable to finalize the terms of their tentative settlement agreement and settlement discussions have irrevocably broken down. In addition, an irreconcilable conflict has arisen which forces Plaintiff's counsel to seek to withdraw. Accordingly, IT IS HEREBY ORDERED that the Joint Motion [Docket No. 270] is GRANTED. The Scheduling Order entered on January 7, 2008 [Docket No. 259] is amended as follows: · · · · Designation of Experts Deadline Designation of Rebuttal Experts Deadline Discovery Cutoff Dispositive Motions Deadline August 4, 2008 September 5, 2008 October 3, 2008 November 3, 2008

IT IS HEREBY ORDERED that the Motion to Withdraw [Docket No. 271] is GRANTED. Attorneys Blain D. Myhre and Jessica R. Allen are relieved of any further representation of Plaintiff in the above-captioned matter. The Clerk is instructed to delete Mr. Myhre and Ms. Allen as attorneys of record, and to remove their names from the electronic certificate of mailing. Plaintiff is reminded that as a pro se litigant, he is responsible for complying with all Court deadlines. IT IS FURTHER ORDERED that the Final Pretrial Conference set for September 23, 2008 at 9:30 a.m. is vacated and RESET to January 6, 2009 at 10:00 a.m. in Courtroom

Case 1:03-cv-00557-WYD-KLM

Document 272

Filed 06/04/2008

Page 2 of 2

C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. The parties shall submit their proposed pretrial order, pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures no later than December 30, 2008. The proposed pretrial order to be submitted to the Magistrate Judge under the ECF Procedures must be submitted in a useable format (i.e., WordPerfect or Word only) and shall be emailed to the Magistrate Judge at [email protected]. Attorneys and/or pro se parties not participating in ECF shall submit their proposed pretrial order on paper to the Clerk's Office. However, if any party in this case is participating in ECF, it is the responsibility of that party to submit the proposed pretrial order pursuant to the District of Colorado ECF Procedures. The parties shall prepare the proposed pretrial order in accordance with the form which may be downloaded in richtext format from the forms section of the court's website at www.co.uscourts.gov. Instructions for downloading in richtext format are posted in the forms section of the website. Please remember that anyone seeking entry into the Byron G. Rogers United States Courthouse will be required to show a valid photo identification. See D.C.COLO.LCivR 83.2B.

Dated: June 4, 2008

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