Free Status Report - District Court of Colorado - Colorado

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

Document 251

Filed 12/16/2007

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N THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-F-00557-PJF-KLM RUSSELL M. BOLES, Plaintiff, v. GARY D. NEET, Defendant. SUBMISSION OF PROPOSED SCHEDULING ORDER

Defendant Gary D. Neet ("Defendant"), through the Colorado Attorney General, respectfully submits the Proposed Scheduling Order. 1. The Order granting Plaintiff Counsels' Motion to Withdraw was entered on

December 7, 2007. Unfortunately undersigned was out of the office that week on another matter and reviewed the Order that weekend, on December 9, 2007. 2. The Scheduling conference is scheduled for December 18, 2007. Prior to the

Order granting the Motion to Withdraw Plaintiff's attorneys did not contact the undersigned or provide a Proposed Scheduling Order. 3. As a result of the above, undersigned expeditiously drafted a Proposed Scheduling

Order and mailed the same to the Plaintiff on December 10, 2007. (See Exhibit A, Letter Dated December 10, 2007). In the letter, undersigned advised Plaintiff that because he is now pro se, the parties need to submit a Proposed Scheduling Order to the Court before the Scheduling Conference which is currently scheduled for December 18, 2007. Undersigned enclosed a draft Scheduling Order and advised Plaintiff that he needed to either call undersigned with his additions and changes or immediately mail the changes to undersigned and additions in order to

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

Document 251

Filed 12/16/2007

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submit the Proposed Scheduling Order in advance of the December 18, 2007 Scheduling Conference. Specifically, Plaintiff was requested to provide information concerning the Statement of his Claims, proposals for Undisputed Facts, the computation of his damages, and proposed changes for the Case Plan and Schedule. Finally, the letter advised Plaintiff that because the Proposed Scheduling Order needs to be to the Court well in advance of the Scheduling Conference, he needed to respond to undersigned immediately either by telephone of in writing. 4. As of 5:00 p.m. on Friday, December 14, 2007, undersigned had not received a

response from the Plaintiff. Accordingly, the Proposed Scheduling Order is being submitted without Plaintiff's input. JOHN W. SUTHERS Attorney General s/ James X. Quinn JAMES X. QUINN* Assistant Attorney General Civil Litigation and Employment Law Section Attorneys for Defendant 1525 Sherman Street, 5th Floor Denver, Colorado 80203 Telephone: (303) 866-4307 *Counsel of Record CERTIFICATE OF SERVICE This is to certify that I have duly served the within Submission of Proposed Scheduling Order upon all parties herein by depositing copies of same in the United States mail, postage prepaid, at Denver, Colorado, this 16th day of December, 2007 addressed as follows: Russell M. Boles, Inmate #90379 Sterling Correctional Facility 12101 HWY 61 P.O. Box 2000 Sterling, CO 80751

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

Document 251

Filed 12/16/2007

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s/ James X. Quinn