HomeMy WebLinkAbout2023CV30276 - Higgins V. V. City Of Fort Collins, Et Al. - 038 - At Issue OrderDistrict Court, Larimer County, State of Colorado
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521-2761
(970) 494-3500
Plaintiff: CHRISTIAN HIGGINS,
v.
Defendants: CITY OF FORT COLLINS, C&L
WATER SOLUTIONS, INC., SUNBELT RENTALS,
INC., KODIAK FIELD SERVICES, LLC., BCH
SERVICES, LLC .
Case Number: 23 CV 30276
Courtroom: 4C
CASE PROCEDURE ORDER UPON AT ISSUE DATE PURSUANT TO C.R.C.P. 16
COUNSEL MUST READ AND FOLLOW THIS ORDER.
The case file indicates that all parties have been served and have either appeared
or defaulted. The Court declares the case to be at issue as of the date of this order.
The Court orders discovery to commence immediately. Parties must meaningfully
confer as contemplated by Rule 16(b)(3) within 14 days.
The Court’s Division Clerk, Mary Tompkin, will be emailing plaintiff’s counsel to
schedule the initial case management conference to take place between 30 and 49 days
from today. The case management conference will be conducted via Webex.1 The access
code to appear by video is 922 345 411; Courtroom 4C’s Webex may be accessed through
the Eighth Judicial Website:
https://www.courts.state.co.us/Courts/District/Custom.cfm?District_ID=8&Page_ID
=903.
1 Video is mandatory for anyone attending. Counsel may appear in person if counsel prefers.
DATE FILED: August 4, 2023 9:18 AM
CASE NUMBER: 2023CV30276
A trial date and pre-trial conference date will be set at the time of the case
management conference. Counsel should have their calendars available. Note that most
cases should be tried within one year of the date of filing. See CJD 08-05. A proposed
Case Management Order is due at least 7 days prior to the Conference. The Parties may
use JDF 622.
Regarding paragraph #6, if there is a dispute regarding the scope of discovery, the
Parties must address the factors in Rule 26(b)(1).
Regarding paragraph #7, in addition to the information provided in the JDF, the
Parties must provide a proposed deadline for mediation or other alternative dispute
resolution.
Regarding paragraph #14 of JDF 622, the Court “does not” require discovery
motions to be presented orally, without motions or briefs. However, if a party seeks relief
under Rule 37, a motion must be filed.
Regarding paragraph #17 of JDF 622, in addition to the deadlines provided
elsewhere in the case management order, the Court will also set the following
deadlines/court dates: 1) trial date; 2) pre-trial conference; 3) dispositive motions
deadlines; and 4) discovery cut off.
At any time during the pendency of the case, any party may request additional
case management conferences including brief Webex conferences if needed. If the parties
need a case management conference, the responsible party shall file a notice to set on any
Tuesday at 1:15pm.
If the parties settle the case after trial has been set, the Court will not vacate the
trial until the parties have filed a stipulation to dismiss the cas e with prejudice. Parties
must seek a Court order to modify any deadline or order. Stipulations are not binding
upon the Court without prior Court approval.
SO ORDERED this August 4, 2023.
BY THE COURT:
__________________________
Laurie K. Dean
District Court Judge