HomeMy WebLinkAbout2023-cv-1342 - Cunningham V. City Of Fort Collins, Et Al. - 023 - OrderIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:23-cv-01342-SBP
JESSE CUNNINGHAM,
Plaintiff,
v.
CITY OF FORT COLLINS, JASON HAFERMAN, and ALLEN HEATON,
Defendants.
ORDER SETTING CONSENT DEADLINE AND SCHEDULING CONFERENCE
This matter is before this court sua sponte. The above-captioned case has been directly
assigned to Magistrate Judge Susan Prose pursuant to D.C.COLO.LCivR 40.1. If the parties
have not done so already, they shall complete and file the Magistrate Judge Consent Form on or
before November 1, 2023.
The Fed. R. Civ. P. 16(b) Scheduling Conference shall be held telephonically on
November 15, 2023, at 9:00 A.M., in Courtroom C-205, on the second floor of the Byron G.
Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. The parties
shall attend by calling 571-353-2301, Guest meeting ID- 868150043. All attendees shall please
mute their phone when not speaking and not use speaker phone.
Plaintiff shall notify all parties who have not yet entered an appearance of the date and
time of the scheduling conference.
If this date is not convenient, the parties shall confer and contact chambers by email to
obtain an alternate date. All parties must be copied on the email if they agree to change the
conference date; otherwise, any party seeking to change the conference date must file a motion.
Absent exceptional circumstances, no request for rescheduling will be entertained unless made
five business days prior to the date of the conference.
Counsel for the parties and any unrepresented non-prisoner parties in this case are to hold
a meeting in accordance with Fed. R. Civ. P. 26(f) on or before October 25, 2023 and jointly
prepare a proposed Scheduling Order.
Case No. 1:23-cv-01342-SBP Document 23 filed 10/18/23 USDC Colorado pg 1 of 2
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Pursuant to Fed. R. Civ. P. 26(d), only requests pursuant to Fed. R. Civ. P. 34 may be
submitted before the Rule 26(f) meeting, unless otherwise ordered or directed by the Court.
Pursuant to Fed. R. Civ. P. 34(b)(2)(A), responses to such discovery requests must be submitted
no later than 30 days after the Rule 26(f) meeting, unless the parties stipulate or the Court orders
otherwise.
The parties shall prepare the proposed Scheduling Order in accordance with the form that
may be downloaded from the Forms section of the Court’s website. See www.cod.uscourts.gov.
The parties shall file the proposed Scheduling Order with the Clerk’s Office, and in
accordance with District of Colorado Electronic Case Filing (“ECF”) Procedures, no later than
five business days prior to the scheduling conference. The parties shall also email the
proposed Scheduling Order in Word format to Magistrate Judge Prose at
Prose_Chambers@cod.uscourts.gov.
Parties not participating in ECF shall file their proposed Scheduling Order on paper with
the Clerk’s office. However, if any party in this case is participating in ECF, it is the
responsibility of that party to file the proposed scheduling order pursuant to the District of
Colorado ECF Procedures.
The parties shall adhere to the Sedona Principles regarding disputes relating to electronic
discovery. See www.thesedonaconference.org.
The parties shall file a proposed Order under Fed. R. Evid. 502(d) on or before 14 days
after the Scheduling Conference.
All discovery motions shall be made in compliance with Magistrate Judge Prose=s
discovery procedures. See www.cod.uscourts.gov.
Any out-of-state counsel shall comply with D.C.COLO.LAttyR 3 prior to the scheduling
conference. Failure to appear at a court-ordered conference or to comply with a court-ordered
deadline which has not been vacated by the Court may result in the imposition of sanctions.
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 83.2(b).
IT IS SO ORDERED.
DATED: October 18, 2023 BY THE COURT:
Susan Prose
United States Magistrate Judge
Case No. 1:23-cv-01342-SBP Document 23 filed 10/18/23 USDC Colorado pg 2 of 2