HomeMy WebLinkAbout2023-cv-2187 - Kulas V. City Of Fort Collins, Et Al. - 019 - Courtroom MinutesIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathryn A. Starnella
Civil Action: 23-cv-02187-CNS-KLM Date: October 25, 2023
Courtroom Deputy: Laura Galera FTR – Courtroom C204
Parties: Counsel:
ANDRU KULAS, Sarah Schielke (by Video
Conference)
Plaintiff, Matthew Haltzman (by video
conference)
v.
CITY OF FORT COLLINS, ET AL., Mark Ratner (by video
conference)
Defendants.
COURTROOM MINUTES
RULE 16(b) SCHEDULING CONFERENCE
Court in session: 10:38 a.m.
Court calls case. Appearances of counsel.
ORDERED: Counsel shall jointly email Judge Sweeney’s chambers within 24 hours of
the scheduling conference to obtain a date for a Final Pretrial Conference.
THE FOLLOWING WILL CONFIRM THE ACTIONS TAKEN AND DATES SET AT
THE SCHEDULING CONFERENCE HELD THIS DATE:
Deadline for Joinder of Parties/Amendment of Pleadings: December 18, 2023.
Discovery Cut-off: June 18, 2024.
Dispositive Motions Deadline: August 2, 2024.
Each side shall be limited to three (3) retained affirmative expert witnesses, absent
further leave of Court.
Plaintiff shall designate affirmative experts on or before March 18, 2024.
Case No. 1:23-cv-02187-CNS-KAS Document 19 filed 10/25/23 USDC Colorado pg 1 of 2
Defendants shall designate affirmative and rebuttal experts on or before April 18, 2024.
Plaintiff shall designate rebuttal experts on or before May 20, 2024.
Deadline for 702 Motions: no later than thirty days from May 20, 2024.
Each side shall be limited to eight (8) depositions, thirty (30) interrogatories, thirty (30)
requests for production and thirty (30) requests for admission, absent further leave of
Court.
Counsel shall call the Court by joint conference call for hearings regarding unresolved
discovery disputes prior to filing any discovery motions.
STATUS CONFERENCE is set February 20, 2024 10:00 a.m. before Magistrate Judge
Starnella. All parties may appear by video conference.
Counsel and the parties must notify chambers at (303-335-2770) at least 3
business days in advance of any hearing requiring presentation of documentary
evidence so that the courtroom can be equipped with the appropriate technology.
The Court advises counsel to review its Practice Standards, especially for the manner in
which it addresses discovery disputes.
Scheduling Order is signed and entered with interlineations on October 25, 2023.
Hearing concluded.
Court in recess: 10:55 a.m.
Total time in court: 00:17
*To order transcripts of hearings, please contact either Patterson Transcription
Company at (303) 755-4536 or AB Litigation Services at (303) 629-8534.
Case No. 1:23-cv-02187-CNS-KAS Document 19 filed 10/25/23 USDC Colorado pg 2 of 2
United States District Court for the District of Colorado
Magistrate Judge Kathryn A. Starnella
Discovery Dispute Hearing Procedures
Adopted August 9, 2023
Application: These procedures apply to all discovery disputes before this Court, except
for those that involve an incarcerated pro se litigant or non-parties.
The steps for following Magistrate Judge Starnella’s discovery dispute procedure are as
follows:
Step 1: Counsel must meaningfully confer regarding one or more discovery disputes
pursuant to Local Rule 7.1(a).
If the dispute relates to taking a deposition, see Step 2.A. below. If the dispute
relates to written discovery, see Step 2.B. below. If the dispute relates to any
other type of discovery issue, see Step 2.C. below.
Step 2.A.: If a dispute about taking a deposition is not resolved, counsel for the party
seeking the protective order must send an email addressed to
Starnella_Chambers@cod.uscourts.gov and to opposing counsel stating that the
parties have a dispute about taking a deposition. The email must also contain the case
number, the name of the party seeking the protective order, and the name of the
deponent. The email should not contain argument about the merits of the discovery
issue. The deposition shall be stayed pursuant to Local Rule 30.2(a) when the email is
sent. The Court will contact counsel within three (3) court business days to set a hearing
on the dispute. The stay of the deposition shall remain in effect until the Court issues its
ruling.
Step 2.B.: If a dispute about written discovery (requests for production, interrogatories,
etc.) is not resolved, the moving party must complete the written discovery dispute chart
in the form attached. The chart may include citations to legal authority but shall not
include legal argument or extensive factual information. The parties shall be
prepared to make legal arguments at the hearing. The moving party must send the
chart, the disputed discovery requests and the disputed responses to opposing counsel
and to the Court at Starnella_Chambers@cod.uscourts.gov. The Court will contact
counsel within three (3) court business days to set a hearing on the dispute. Do not
submit documents for in camera review without obtaining prior permission from the
Court. Failure to follow these instructions about preparation of the written discovery
dispute chart will result in denial of a hearing until such time as a compliant chart is
submitted.
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Step 2.C.: If a dispute does not involve written discovery, arises during an ongoing
deposition, and is not resolved through conferral with opposing counsel, counsel must
jointly call the Court for a discovery hearing regarding the dispute. Call 303-335-2770. If
a dispute does not involve written discovery and does not arise during an ongoing
deposition, the party seeking the discovery must email the Court at
Starnella_Chambers@cod.uscourts.gov, with opposing counsel copied, to request a
discovery hearing regarding all disputes about which they have fully conferred but failed
to reach agreement. The email must also contain the case number, the name of the
party seeking the protective order, and the name of the deponent. The email should not
contain argument about the merits of the discovery issue.
The Court is not responsible for assuring that multiple counsel for the same party are on
the line for a telephone hearing. The Court requires only one attorney of record on the
line for each party involved in the dispute. If counsel for a party want co-counsel for the
same party to participate in the telephone hearing, they are responsible for ensuring
that co-counsel are available to participate on the date and time chosen by them for the
hearing.
The Court will not continue hearings based on the sudden unavailability of co-counsel
for a party. As long as each party involved in the dispute is represented by at least one
attorney of record, the hearing will proceed.
Any materials provided to the court within two court business days of a discovery
hearing SHALL NOT BE ACCEPTED OR REVIEWED unless the Court specifically
orders otherwise.
Step 3: When counsel call the Court for a discovery hearing, the Court may determine,
off the record, whether the issue is appropriate for immediate adjudication. If not, the
Court will set the matter for a hearing at a mutually convenient date and time in the
future.
Step 4: If the matter is appropriate for immediate adjudication, the call will be transferred
to the courtroom and the hearing will be conducted. If the Court determines that the
matter is complex and briefing is required, it will set a briefing schedule. If the judge is
not immediately available, the hearing will be set at a mutually convenient date and time
in the future.
Warnings:
The discovery dispute process outlined above will likely be your only opportunity
to present legal authority supporting your position to the Court. Hence, be
prepared to do so at the time of the hearing.
Filing a disputed discovery motion without permission from the court will result
in the motion being stricken, and may result in the imposition of sanctions. To the
Case No. 1:23-cv-02187-CNS-KAS Document 19-1 filed 10/25/23 USDC Colorado pg 2 of
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extent that these procedures conflict with the Local Rules of the Court, these
procedures take priority over the Local Rules.
Spoliation is a discovery issue, and hence these procedures apply to disputes
regarding spoliation. If the alleged spoliation involves written discovery, the
parties shall use Step 2.B. above.
No party or non-party may submit documents for in camera review without first
receiving permission from the Court to do so.
The Court does not accept new issues for a pending discovery hearing with less
than three business days’ notice, and the Court reserves the right to determine
whether to hear the new issue at the hearing.
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