HomeMy WebLinkAbout2016CV144 - Farver V. City Of Fort Collins - 017 - Case Management And Scheduling OrderDISTRICT COURT, LARIMER COUNTY, STATE OF COLORADO
201 LAPORTE AVENUE, SUITE 100
FORT COLLINS, CO 80521-2761
PHONE: (970) 494-3500
__________________________________________________
Plaintiff(s): Virginia Farver,
v.
Defendant(s): City of Fort Collins, et al.
FOR COURT USE
______________________
Case No. 16CV144
Courtroom 5B
CASE MANAGEMENT AND SCHEDULING ORDER, RULE 16.1, C.R.C.P.
(SIMPLIFIED CIVIL PROCEDURE FOR CIVIL ACTIONS)
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. Read this order carefully. The Court
expects full compliance with this and any other orders subsequently entered in this
case. Failure to fully and timely comply with this order, or to adequately explain said
failure in writing by the date required for compliance, may result in the issuance of a
show cause order without further notice. The order will require the personal
appearances of attorneys of record and pro se parties at the show cause hearing.
The Court’s June 16, 2016 Case Management Order is vacated as the case was filed
under Rule 16.1.
1. 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 June 16, 2016.
DATE FILED: June 22, 2016
CASE NUMBER: 2016CV144
2. 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 15
days from the date of this order.
3. TRIAL SETTING
This Court does not set cases for trial within 42 days after the case is at issue. Rule
16.1(g) permits the Court to “otherwise order” as to trial setting procedures. The
reason this judicial district does not set trials this early in the case is to ultimately
allow better access to the courts for those cases likely to require a trial and to most
efficiently utilize limited judicial resources. Accordingly, do not notice the case in
for trial setting within 42 days from the at issue date. Absent extraordinary
circumstances, the Court will set the case for trial only after completion of non-
expert discovery and ADR. In your certificate of compliance or stipulated
modified case management order, indicate as realistically and accurately as
possible when the parties believe the case should be tried. Additionally, provide
the plan for mediation/ADR and when such mediation/ADR will be completed.
4. CERTIFICATE OF COMPLIANCE
The certificate of compliance required by Rule 16.1(h) shall be timely filed within
49 days of the at issue date declared above. The certificate shall state compliance
with all requirements of Rule 16.1(f). Compliance with Rule 16.1(g) is obviously
not possible based on the provisions of paragraph 3 above. The Court expects the
certificate to be complete and accurate setting forth specific calendar date
deadlines so that the Court can determine the status of the case. This includes 16.1
(k)(2) and (3) deadlines.
5. CASE MANAGEMENT CONFERENCE
The Court is very willing to conduct a case management conference as
contemplated by Rule 16.1(j) either by personal appearance or by telephone. If
said conference is scheduled by a notice to set, please review Courtroom 5B setting
procedures at the courts’ website: www.courts.state.co.us or contact the Court’s
Division Clerk, Allyson Miller, at (970) 494-3810.
Further, please include information regarding any parties in interest who have limited
English proficiency so that advanced arrangements for interpretation can be made for
court proceedings. Please include the party’s primary spoken language, including the
origin of the language (i.e., region of the world) in order to better identify the dialect
of language.
Dated: June 22, 2016.
BY THE COURT:
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Gregory M. Lammons
District Court Judge