HomeMy WebLinkAbout2021CV30429 - JAMES M. BELL-AVERA V. KARL L. ROHR and THE CITY OF FORT COLLINS - 020 - CASE MANAGEMENT ORDERPage 1 of 6
DISTRICT COURT, COUNTY OF LARIMER, COLORADO
Court Address:
Larimer County Justice Center
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521
COURT USE ONLY
JAMES M BELL AVERA
Plaintiff,
v.
KARL L ROHR et al,
Defendants.
Case Number: 2021CV030429
Courtroom: 5A
CASE MANAGEMENT ORDER
The initial case management conference was conducted by the Court on November 8, 2021.
Counsel for both parties appeared via Webex. The terms of this Case Management Order and the deadlines
set forth herein shall control these proceedings unless otherwise amended by the Court.
1. The “at issue date” is: September 24, 2021
2. Responsible attorney’s name, address, phone number and email address:
Attorneys for Plaintiff:
Theodore R. Ridder, #43755
Franklin D. Azar & Associates, P.C.
14426 East Evans Avenue
Aurora, Colorado 80014
Phone Number: (303) 757-3300
Fax Number: (303) 759-5203
E-Mail: riddert@fdazar.com
Attorneys for Defendants Karl Rohr and the City of Fort Collins:
Andrew W. Callahan, #52421 – acallahan@wicklaw.com
Julie M. Yates, #36393 – jyates@wicklaw.com
WICK & TRAUTWEIN, LLC
323 South College Avenue, Suite 3
Fort Collins, CO 80522
Phone & Fax: (970) 482-4011
John R. Duval, #10185 – jduval@fcgov.com
Adam Stephens, #55637 – adstephens@fcgov.com
DATE FILED: November 15, 2021 5:33 PM
CASE NUMBER: 2021CV30429
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Fort Collins City Attorney’s Office
P.O. Box 580, Fort Collins, CO 80524
(970) 221-6520
3. The lead counsel for each party, Theodore Ridder and Andrew Callahan met and conferred in person
or by telephone concerning this Proposed Order and each of the issues listed in Rule 16(b)(3)(A) through
(E) on October 13, 2021.
4. Brief description of the case and identification of the issues to be tried (not more than one page, double-
spaced, for each side):
a. Plaintiff’s Statement of Claims: Plaintiff brings this case for personal injuries arising out
of a Fort Collins City Bus crash. Mr. Bell-Avera was a passenger on a bus when the bus driver allegedly
lost control of the bus and ran the bus off the road and crashing into a tree. The bus was owned by the City
of Fort Collins and the bus driver was acting within the course and scope of employment with the City
when the crash occurred. The City alleged that a bolt came loose from the steering column causing the
driving to lose control. Plaintiff suffered injuries, damages and losses as a result of the crash including
fractured vertebra in his upper back. Plaintiff brings claims for negligence against the City of Fort Collins
and driver of the bus, Mr. Rohr, for negligence and negligence per se, and claims against the City of Fort
Collins for negligent maintenance.
b. Defendant: Defendants admit that the bus at issue was owned by the City of Fort Collins
and the bus driver was acting within the course and scope of his employment with the City when the crash
occurred. Defendants deny that Defendant Karl Rohr was negligent in the operation of the bus and deny
that the City of Fort Collins was negligent in maintaining the bus at issue. Defendants further deny that
the Plaintiff suffered injuries as a result of this incident.
The issues to be tried include whether or not Defendants were negligent in the operation and
maintenance of the bus, and whether Plaintiff suffered injuries as a result of the incident.
5. The following motions have been filed and are unresolved: None at this time.
6. Brief assessment of each party’s position on the application of the proportionality factors, including
those listed in C.R.C.P. 26(b)(1): At this time, Plaintiff is not opposed to any limitations outlined by Rule
26 and believes the presumptive discovery limitations are appropriate based on the issues raised in this
lawsuit.
7. The lead counsel for each party, met and conferred concerning possible settlement. The prospects for
settlement are unknown. The parties are ordered to submit their dispute to mediation with a deadline to
complete mediation of April 15, 2022. Plaintiff’s counsel is to advise the Court, in writing, within seven
(7) days if the case has been resolved.
8. Deadlines for:
a. Amending or supplementing pleadings: January 7, 2022
b. Joinder of additional parties: January 7, 2021
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c. Identifying non-parties at fault: September 9, 2021
9. Dates of initial disclosures:
PLAINTIFF: anticipates filing on November 4, 2021
DEFENDANT: anticipates filing on November 4, 2021
Objections, if any, about their adequacy: N/A
10. If full disclosure of information under C.R.C.P. 26(a)(1)(C) was not made because of a party’s
inability to provide it, provide a brief statement of reasons for that party’s inability and the expected
timing of full disclosures, and completion of discovery on damages:
_________________________________________________________________
11. Proposed limitations on and modifications to the scope and types of discovery, consistent with the
proportionality factors in C.R.C.P. 26(b)(1): The parties to not believe modifications to the default
limitations are necessary.
The Court approves the presumptive discovery limits as set forth below:
Number of depositions per party (C.R.C.P. 26(b)(2)(A) limit 1 of adverse party + 2 others + experts per
C.R.C.P. 26(b)(4)(A)): Within the limits of the rule.
Number of interrogatories per party (C.R.C.P. 26(b)(2)(B) limit of 30): 30
Number of requests for production of documents per party (C.R.C.P. 26(b)(2)(D) limit of 20): 20
Number of requests for admission per party (C.R.C.P. 26(b)(2)(E) limit of 20): 20
Any physical or mental examination per C.R.C.P. 35: Plaintiff reserves the right to request conditions on
any examination including, at a minimum, to audio record the examination. Additionally, as required
under the rules regarding expert disclosures, Plaintiff requests disclosure of any financial relationship
between any C.R.C.P. Rule 35 examiner and the attorneys and/or insurance company involved in the case.
Any limitations on awardable costs: None
State the justifications for any modifications in the foregoing C.R.C.P. 26(b)(2) limitations: N/A
12. Number of experts, subjects for anticipated expert testimony, and whether experts will be under
C.R.C.P. 26(a)(2)(B)(I) or (B)(II):
PLAINTIFF: Plaintiff anticipates calling his treating medical providers as non-retained experts
as per C.R.C.P. 26(a)(2)(B)(I) or (B)(II), and retained experts in the areas of standards of maintenance of
busses and accident reconstruction. Plaintiff may hire retained experts in the field of economics and/or
vocational rehabilitation, and any expert necessary for rebuttal.
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DEFENDANT: Defendant anticipates requesting a Rule 35 medical exam and may call a
retained expert in each field of expertise for which Plaintiff is claiming damages. Plaintiff may also call
a retained expert in the areas of standard of care for bus maintenance, and may offer City employees as
non-retained experts on this issue.
____________________________________________________________________________________
If more than one expert in any subject per side is anticipated, state the reasons why such expert is
appropriate consistent with proportionality factors in C.R.C.P. 26(b)(1) and any differences among the
positions of multiple parties on the same side:
____________________________________________________________________________________
13. Proposed deadlines for expert witness disclosure if other than those in C.R.C.P. 26(a)(2):
a. production of expert reports:
i. Plaintiff/claimant: March 15, 2022
ii. Defendant/opposing party: April 12, 2022
b. production of rebuttal expert reports: May 3, 2022
c. production of expert witness files: within 14 days of the production of the expert reports.
State the reasons for any different dates from those in C.R.C.P. 26(a)(2)(C): ______________________
____________________________________________________________________________________
14. Oral Discovery 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-
3800 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 account. Exhibits are
discouraged and may not be reviewed prior to the hearing, especially if extensive.
____________________________________________________________________________________
15. Electronically Stored Information. The parties do not anticipate needing to discover a significant
amount of electronically stored information.
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16. Discovery Deadline. All discovery should be completed by May 31, 2022 (49 days prior to trial).
Written discovery should be served in a fashion so that the response is due on or before the discovery
deadline.
17. Trial Date. The parties’ best estimate of the length of the trial: 4 days.
A four (4) day jury trial will commence on July 19, 2022 at 8:30 a.m. A final pretrial conference will be
conducted before the Court on June 22, 2022 at 1:15 p.m. Counsel are directed to properl y confer and
submit a proposed trial management order to the Court not later than June 20, 2022, with accompanying
witness and exhibit lists. Counsel who will try the case are required to attend the final pretrial conference
in person. At the final pretrial conference the Court will address time limits for jury selection, opening
statement and closing argument. The Court will set a schedule for submission of jury instructions and
determine if there are any pending motions which require the Court’s attention. The Court will determine
if there are any particular technology requirements as well as determining if there are any evidentiary
issues regarding presentation of evidence. Counsel should be prepared to address these issues.
Unless otherwise ordered by the Court, pretrial motions, including motions in limine, shall be filed no
later than 35 days before trial, except that motions for summary judgment shall be filed no later than 91
days before trial and motions challenging the admissibility of expert testimony pursuant to C.R.E. 702
must be filed no later than 70 days before trial, all in accordance with C.R.C.P. Rule 16(c).
Trial will commence on (or will be set by the court later):.
18. Other appropriate matters for consideration:
Classification of Treating Physicians: Defendant’s position is: when a treating physician reviews
a Plaintiff’s medical records outside of the scope of that physician’s treatment, and purports to offer
opinions on causation, permanency, future treatment or the value of the medical care provided, that
physician becomes “specially employed” and thus the disclosure requirements of Rule 26(a)(2)(B)(I) are
applicable.
____________________________________________________________________________________
X By checking this box, I am acknowledging I am filling in the blanks and not changing anything else
on the form.
By checking this box, I am acknowledging that I have made a change to the original content of this
form.
____________________________________________________________________________________
SIGNATURE
FRANKLIN D. AZAR & ASSOCIATES, P.C.
WICK & TRAUTWEIN, LLC
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By:/s/ Theodore R. Ridder .
Theodore Ridder, #43755
14426 East Evans Avenue
Aurora, CO 80014
Phone Number: (303) 757-3300
Fax Number: (303) 757-3206
ATTORNEY FOR PLAINTIFF
By: s/ Andrew W. Callahan
Andrew C. Callahan, #52421
Julie M. Yates, #36393
323 S. College Ave., Ste. 3
Fort Collins, CO 80524
Phone & Fax: 970-482-4011
ATTORNEY FOR DEFENDANTS
CASE MANAGEMENT ORDER
IT IS HEREBY ORDERED that the foregoing, including any modifications made by the court, is and
shall be the Case Management Order in this case.
Dated this 15th day of November, 2021.
BY THE COURT:
__________________________
District Court Judge