Loading...
HomeMy WebLinkAbout2021CV30429 - JAMES M. BELL-AVERA V. KARL L. ROHR and THE CITY OF FORT COLLINS - 012 - CASE PROCEDURE ORDER - CRCP 16 1 DISTRICT COURT, COUNTY OF LARIMER, STATE OF COLORADO Court Address: 201 LaPorte Avenue Fort Collins, Colorado 80521-2761 Phone Number: 970-494-3500 JAMES M BELL AVERA Plaintiff, v. KARL L ROHR et al, Defendants. ▲ COURT USE ONLY ▲ Case Number: 2021CV30429 Courtroom: 3C CASE PROCEDURE ORDER PURSUANT TO C.R.C.P. 16 This case file indicates that all parties have been served and have either appeared or defaulted. Therefore, the Court declares this case to be at issue as of September 24, 2021. See C.R.C.P. 16(b)(1). Almost all cases should be tried within one year of being declared at issue. In order to assist you toward a speedy resolution of the case, the Court will use the following procedure. Please review the procedures discussed below carefully. CASE MANAGEMENT CONFERENCE Within fourteen days of this order, the responsible attorney is directed to confer with all other parties as required by C.R.C.P. 16(b)(3) and contact the Court’s Division Clerk, Denise Sandlin, at 970-494-3601 to obtain dates for and schedule a case management conference pursuant to C.R.C.P. 16(d). Counsel are encouraged to attend the case management conference in person. C.R.C.P. 16(d)(2). If counsel wish to be exempted from the case management conference or to appear by telephone, counsel should file a motion stating the reasons for modifying the in-person presumption. See C.R.C.P. 16(d)(3). Please note that the Court will not vacate the case management conference if one party is self-represented. At the case management DATE FILED: September 27, 2021 8:45 AM CASE NUMBER: 2021CV30429 2 conference, the Court will discuss the substance of the proposed case management order. The proposed case management order should be filed 7 days before the case management conference. Counsel should be prepared to discuss the claims and defenses asserted by the parties, the damage claims asserted, the adequacy of initial disclosures, proposed discovery, and the anticipated length of trial. A trial date will be set at the time of the case management conference. Counsel should have their calendars available at the time of the case management conference. If for some reason trial cannot be set at the initial case management conference, a trial setting date or further status conference will be scheduled. DISCOVERY/DISCLOSURES The Court authorizes discovery to commence immediately. No written discovery/disclosure motions. Written motions concerning discovery disputes are not allowed. If there is a discovery dispute, counsel must confer in a meaningful way by telephone or in person to try to resolve it. If the parties cannot resolve the dispute, the Court will conduct a discovery hearing in the courtroom. In the event repeated discovery hearings are requested, the Court may require the clients to appear. The party requesting the hearing is ordered to contact the Court’s Division Clerk, Ms. Sandlin at (970) 494-3601 to obtain available dates for the hearing. Once the parties have agreed on the available hearing date, counsel for the party requesting the hearing is directed to file a notice of the hearing. Hearings will generally be set for one hour. After setting the hearing but no later than three days before the hearing, each party to the dispute may submit a written statement briefly (3-page maximum) outlining that party’s position and citing specific legal authority and taking the proportionality factors in C.R.C.P. 26(b)(2) into 3 account. Exhibits are discouraged and may not be reviewed prior to the hearing, especially if extensive. Objections to Written Discovery Requests. General or boilerplate objections to discovery requests will not be recognized by the Court (except as indicative of obstructionist behavior) and will be treated as a failure to respond. Pattern discovery requests authorized by the Colorado Supreme Court are presumed to be appropriate in form. Any objection must explain why the particular discovery request is objectionable and any claim of privilege or trial preparation material must comply with C.R.C.P. 26(b)(5). Deposition Conduct. Meritless objections, instructions not to answer, recesses to confer with a witness, and demands for clarification by counsel obstruct the flow of accurate information, and this conduct is prohibited by the Colorado Rules of Civil Procedure. C.R.C.P. Rule 30(d)(1) states, “Any objection during a deposition shall be stated concisely and in a non- argumentative and non-suggestive manner.” While objections may, under the rule, be made during a deposition, ordinarily an objection should be limited to those that under C.R.C.P. Rule 32(d)(3) might be waived if not made at that time, i.e., objections on grounds that might be immediately obviated, removed, or cured, such as to the form of a question or the responsiveness of an answer. Further, counsel may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to gain the time necessary to present a motion under C.R.C.P. Rule 30(d)(3). The Court will expect counsel to comply with these rules in conducting depositions. Expert Witness Disclosures. The Court expects the parties to fully comply with C.R.C.P. Rule 26(a)(2) with regard to expert witness disclosures. As to specially retained experts, counsel must comply with the requirements of C.R.C.P. Rule 26(a)(2)(B)(I) and include a written report 4 signed by the witness which shall include those items identified in subparagraphs (a) through (h). The testimony of the designated expert witness will be limited on direct examination to those matters specifically disclosed. As to non-retained expert witnesses, the Court expects the parties to fully comply with C.R.C.P. Rule 26(a)(2)(B)(II). Such disclosure shall specifically include those items identified in subparagraphs (a) through (c). It is not sufficient in making disclosures of non-retained expert witnesses to fail to identify the specific witness that is being endorsed. It is not acceptable to state that “all of the Plaintiff’s treating physicians” may testify. Further, as to both retained and non-retained expert witnesses, the specific opinions to be offered by the witness must be set forth as well as the basis and reasons for the offered opinion. It is not acceptable in making expert witness disclosures to identify voluminous records and state that the witness will testify consistent with his or her records. In the absence of compliance with C.R.C.P. Rule 26(a)(2) counsel will run the risk that the witness’ testimony may be stricken or limited at trial. STATUS CONFERENCES and CONFERRAL Requested status conference. The Court is willing to conduct brief telephonic case management conferences or status conferences and encourages this procedure if it would assist the parties. To schedule a conference, the setting party shall first clear a date with all other parties and the Court. That party shall then file a notice of status conference that includes the date and time of the conference and the Court’s conference line number and access code (which is found below). To clear a date or if you have any questions regarding setting procedures, please contact the court’s Division Clerk. Conferral. The parties are directed to confer before filing any motions and, whenever possible, resolve such issues without court involvement. See C.R.C.P. 121 § 1-15(8). The Court 5 expects good faith compliance with the duty to confer, which should—except in rare circumstances—include calling or speaking in person to opposing counsel sufficiently far in advance of filing a motion so as to permit meaningful discussion. Same-day attempts to confer and electronic messages generally will not suffice. Where there is a duty to confer, the Court will not consider a motion if the parties have not conferred unless there is a detailed explanation of the date, time, and circumstances of the efforts made to confer. Unopposed motions should be so marked. TRIAL SETTING The Court will generally set cases for trial at the time of the initial case management conference. If the case is not set for trial at the initial case management conference a further trial setting or status conference will be scheduled for the purpose of setting the trial date. The Court endeavors to provide the parties with a firm trial setting and the parties should assume that the trial will proceed as scheduled and plan accordingly. Motions to continue scheduled trial dates are disfavored and will only be granted upon a showing of good cause. Stipulated motions to continue a scheduled trial date will not necessarily be granted by the Court. Participants may appear in person or by telephone for any trial setting or status conference unless otherwise ordered by the Court. If appearing by telephone, the parties are directed to use the following conference call-in information: The call-in number(s) are 1-415-655-0001 or 1-720-650-7664 and access code is 924 119 647 Dial-in Number: 1-415-655-0001 or 1-720-650-7664 Participant Access Code: 924 119 647 ## Parties who do not participate in a scheduled setting are advised that the matter will be set in their absence. 6 SO ORDERED on September 27, 2021. By the Court: _______________________________ Stephen J. Jouard District Court Judge