HomeMy WebLinkAbout2023CV30993 - Smith-Acree v. City, et al. - 10 - Case Management ProcedurePage 1 of 3
District Court, Larimer County, State of Colorado
Larimer County Justice Center
201 La Porte Avenue, Suite 100
Fort Collins, Colorado 80521-2761
(970) 494-3500
SMITH ACREE, MARGARET
Plaintiff(s)
v
CITY OF FORT COLLINS; TRANSFORT BUS
SERVICES
Defendant(s)
Case No: 23CV30993
Courtroom: 4A
CASE MANAGEMENT PROCEDURE AND
SCHEDULING ORDER PURSUANT TO C.R.C.P. RULE 16.1
Based on a review of the status of this case on the date of this order, Rule 16.1, C.R.C.P.,
and those portions of Rule 16, C.R.C.P. made applicable by Rule 16.1 will govern this case except
as modified herein. In order to assist you toward a speedy resolution of the case, the following
procedure will be utilized. Please review the procedures discussed below carefully.
At-Issue Date. The file indicates that all parties have been served and either have appeared
or defaulted. The Court declares this case to be at issue pursuant to Rule 16(b)(1) as of March 8,
2024.
Mandatory Conference. Counsel and any parties who are pro se shall confer as required
by Rule 16(b)(3). If that conference has not already occurred, it shall be completed no later than
fourteen (14) days from the date of this order.
Discovery. THIS COURT DOES NOT ACCEPT WRITTEN DISCOVERY
MOTIONS. For a discussion of the reasons for such policy, see the Judges’ Corner article at page
65 in the March 2013 edition of the Colorado Lawyer, Volume 42, No. 3. If there is a discovery
dispute, counsel are expected to confer in a meaningful way by telephone or in person to try to
resolve it. An exchange of emails is not sufficient. IF COUNSEL CANNOT RESOLVE THE
DATE FILED: March 8, 2024 12:55 PM
CASE NUMBER: 2023CV30993
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DISPUTE, THE COURT WILL ADDRESS ALL DISCOVERY DISPUTES WITH A
DISCOVERY HEARING INSTEAD OF BY WRITTEN MOTION AND RESPONSES. To
set a discovery hearing, the parties are directed to follow the setting procedures for Courtroom 4A,
as explained below.
No Early Trial Date. Please be aware of the Court’s procedure regarding trial settings. We
do not routinely set cases for trial 42 days after they are at issue. Rule 16.1(g) allows the Court
to “otherwise order” as to this procedure. We do not routinely give early trial settings because we
have found, given the trial docket in the 8th Judicial District, our procedure best serves litigants,
counsel and judicial efficiency. The Court will issue an order after the certificate of compliance
is filed as to when a notice to set trial is appropriate. In the certificate of compliance or stipulated
modified case management order, indicat e as realistically and accurately as possible when the
parties believe the case should be tried, and the length of trial.
On typical cases, the Court is used to discovery being completed within four (4) to eight
(8) months from the at-issue date. Trials are typically held within ten (10) to fourteen (14) months
from the at-issue date. Presumptive limits for discovery are appropriate for typical cases.
Alternative Dispute Resolution. Alternative Dispute Resolution (ADR) is required by
this Court. In the certificate of compliance please describe the specific ADR plan to be
employed in this case. The Court requires completion of ADR no later than four (4) months after
the at-issue date and may enter such orders as may appear necessary to assist in such proceedings.
Certificate of Compliance. The certificate of compliance required by Rule 16.1(h) shall be
due by March 6, 2024. Because the case will not immediately be set for trial, many of the
presumptive Rule 16.1 deadlines will not strictly apply. Therefore, the Court expects the certificate
of compliance to set forth specific stipulated calendar deadlines for expert disclosures and
disclosure of non-expert trial testimony.
All of the following items must be included.
• Deadline for completion of non-expert discovery;
• Deadlines for expert disclosures, discovery;
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• Description of ADR plan and date of completion; and
• Estimated trial date and number of days.
Further, please include information regarding any parties with limited English language
proficiency so that advanced arrangements for interpretation can be made for court proceedings.
The Certificate should include the party’s primary spoken language, including the origin of the
language (i.e., region of the world) in order to better identify its dialect.
Case Management. The Court is very willing to conduct brief virtual case management
conferences or status conferences and encourages this procedure if it would assist counsel. If there
is a notice to set such a conference, the moving party shall file a Notice to Set. The Court Clerk
will reach out to all the parties to set the Case Management Conference. Parties that do not
participate in the Case Management Conference are advised that the matter will be set in their
absence.
The Court’s Division Clerk can be reached by email at
christine.barrett@judicial.state.co.us
DATED: March 8, 2024
BY THE COURT:
____________________________________
Michelle Brinegar
District Court Judge