HomeMy WebLinkAbout2023-cv-1343 - Elias v. City of Fort Collins, et al. - 017 - Order Setting Scheduling ConferenceIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-cv-01343-GPG-KLM
HARRIS ELIAS,
Plaintiff,
v.
CITY OF FORT COLLINS,
JASON HAFERMAN,
SERGEANT ALLEN HEATON, and
CORPORAL REDACTED,
Defendants.
ORDER SETTING
SCHEDULING/PLANNING CONFERENCE
(as amended effective November 22, 2019)
The above captioned case has been referred to Magistrate Judge Kristen L. Mix
pursuant to the Order Referring Case [#9] entered by District Judge Gordon P. Gallagher on
May 30, 2023.
A. Date of Scheduling Conference
IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Fed. R.
Civ. P. 16(b) shall be held on September 11, 2023, commencing at 9:30 a.m. in Courtroom C-
204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver,
Colorado 80294.
B. How to Request Different Date for Scheduling Conference
If this date is not convenient for any counsel or pro se party, he or she shall file a
motion to reschedule the conference to a more convenient date, and shall list dates in
the motion which are available for all counsel and pro se parties. Absent exceptional
circumstances, no request for rescheduling any appearance in this court will be
considered unless a motion is made five (5) business days in advance of the date of
appearance.
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C. How to Request Appearance By Telephone at Scheduling Conference
If you wish to appear at the Scheduling Conference by telephone, you must file a
motion seeking permission to appear by telephone and setting forth good cause for a
telephonic appearance. No motion for any telephonic appearance will be granted
unless it is filed at least five (5) business days in advance of the date of appearance.
D. Plaintiff’s Duty to Notify Parties of Scheduling Conference
The plaintiff shall notify all parties who have not entered an appearance as of the
date of this Order of the date and time of the Scheduling/Planning Conference set forth
above.
E. Parties’ Obligations Before Scheduling Conference
1. Scheduling Order
IT IS ORDERED that counsel and pro se parties in this case are to hold a pre-
scheduling conference meeting pursuant to Fed. R. Civ. P. 26(f)(1) at least twenty-one
(21) days before the proposed scheduling order is due to be tendered and prepare a
proposed Scheduling Order in accordance with Fed. R. Civ. P. 26(f), as amended. The
instructions for completing the Scheduling Order may be found on the Court’s website
(www.cod.uscourts.gov) with the scheduling order forms. Please be aware there are
multiple forms of Scheduling Order available on the Court’s website under the
“Forms” link: one form for ERISA cases, one form for patent cases, and one form
for all other non-administrative review cases. PLEASE USE THE CURRENT and
CORRECT FORM FOR YOUR CASE.
Pursuant to Fed. R. Civ. P. 26(d), as amended, no discovery is to be exchanged
until after the Rule 26(f) conference meeting. The parties shall include the following
language in Section 8, Paragraph (d) of their proposed Scheduling Order in non-
administrative review cases:
“Other Planning or Discovery Orders: No opposed discovery motions are to be
filed with the Court until the parties comply with D.C.COLO.LCivR. 7.1(a). If the
parties are unable to reach agreement on a discovery issue after conferring, they
shall arrange a telephone hearing with Magistrate Judge Mix regarding the issue.
Both of these steps must be completed before any contested discovery motions
are filed with the Court.”
No later than seven (7) calendar days prior to the Scheduling/Planning
Conference, counsel and pro se parties shall submit their proposed Scheduling Order
in compliance with the Court’s Electronic Case Filing Procedures which are also
available on the Court’s website. An additional copy of the proposed scheduling order is
to be provided to my chambers at Mix_Chambers@cod.uscourts.gov by e-mail
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attachment with the subject line stating the case number and “Proposed Scheduling
Order.”
Parties who are pro se or do not have access to the internet may obtain the
scheduling order form and instructions from the Clerk’s Office, Room A105, in the
Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado, 80294.
Scheduling Orders prepared by parties not represented by counsel, or without access to
electronic case filing, are to be submitted to the Clerk of the Court on paper.
2. Mandatory Disclosures
IT IS FURTHER ORDERED that on or before 14 days after the Rule 26(f)
pre-scheduling conference meeting, the parties shall comply with the mandatory
disclosure requirements of Fed. R. Civ. P. 26(a)(1), as amended.
F. Miscellaneous
All counsel shall comply with D.C.COLO.LAttyR 1 through 14 before the
Scheduling/Planning Conference. Counsel are warned that the use of “appearance
counsel” providing limited representation solely for a Scheduling Conference is
not permitted in light of the fact that the Court liberally permits appearances of counsel
by telephone. To the extent any attorney provides limited representation to a client, the
requirements of D.C.COLO.LAttyR 5 must be followed.
It is the responsibility of all counsel and pro se parties to notify the Court of his or
her entry of appearance, withdrawal of appearance, substitution of counsel, or change
of address, e-mail address, or telephone number by complying with the Court’s
Electronic Case Filing Procedures or paper-filing the appropriate document with the
Court.
The Parties are further advised that they shall not assume that the Court will
grant the relief requested in any motion. Failure to appear at a court-ordered
conference or to comply with a court-ordered deadline which has not been vacated by
court order may result in the imposition of sanctions under Fed. R. Civ. P. 16(f).
Anyone seeking entry to the Alfred A. Arraj United States Courthouse will be
required to show valid photo identification. See D.C.COLO.LCivR 83.2(b). Failure to
comply with this requirement will result in denial of entry to the courthouse.
DATED: June 9, 2023 at Denver, Colorado.
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