HomeMy WebLinkAbout2023CV30276 - Higgins V. V. City Of Fort Collins, Et Al. - 042 - Supp Cmo1
DISTRICT COURT, LARIMER COUNTY, STATE OF
COLORADO
201 LAPORTE AVENUE, SUITE 100
FORT COLLINS, CO 80521-2761
PHONE: (970) 494-3500
__________________________________________________
Plaintiffs: CHRISTIAN HIGGINS,
v.
Defendants: CITY OF FORT COLLINS, C&L WATER
SOLUTIONS, INC., SUNBELT RENTALS, INC., KODIAK
FIELD SERVICES, LLC, and BCH SERVICES, LLC
FOR COURT USE
_________________________
Case No. 23CV30276
Courtroom: 4C
SUPPLEMENTAL CASE MANAGEMENT ORDER WITH JURY TRIAL ORDERS
This order should be read in conjunction with the case management order. This
supplement addresses pre-trial and trial related matters.
Dates and Deadlines
JURY TRIAL: The Court sets an 8-day jury trial to begin July 15, 2024 at 8:30 a.m.
PRE-TRIAL CONFERENCE: June 20, 2024, at 1:30 p.m. Any attorney conducting any
part of the trial must attend in person.
EXPERT DEADLINES:
March 11, 2024: Plaintiff’s expert disclosures
April 8, 2024: Defensive expert disclosures.
April 29, 2024: Rebuttal expert reports.
702 MOTIONS DEADLINE: May 6, 2024
DISPOSITIVE MOTIONS DEADLINE: April 15, 2024
DISCOVERY CUT OFF: May 27, 2024
ADR DEADLINE: May 16, 2024. Within one week after the ADR deadline, the
responsible party shall file a notice with the Court certifying completion of ADR.
Exhibit Lists, Witness Lists, and Jury Instructions
Each Counsel must file and exchange witness lists and preliminary exhibit lists the day
before the pre-trial conference. The witness names will be alphabetized and read by the
Court to prospective jurors to determine whether they are familiar with any of the
witnesses.
DATE FILED: September 22, 2023 5:04 PM
CASE NUMBER: 2023CV30276
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The Parties should also file jury instructions the day before the pre-trial conference as
follows: 1) the Plaintiff must e-file one set of agreed upon instructions; 2) Each Party
must e-file any disputed instructions which they wish to tender along with authority for
the instruction. Instructions shall be double-spaced in twelve-point Book Antigua font
with the words “Instruction No. _____” atop each page. Proposed instructions shall not
be numbered. The instructions must be in an editable format. Each Party shall have an
electronic copy of instructions with them during the trial available for Court use.
The day before the pre-trial conference, Parties should e-file a stipulated non-
argumentative statement of the case in order to provide context to the jury pool (Pattern
Instruction 2:1).
3-days before the jury trial, each party must file an updated exhibit list as well as all
anticipated exhibits. Exhibits must be marked by number for the Plaintiff and letter for
the Defendant. Each page of a multiple page exhibit of series of photos must be
uniquely marked, i.e. exhibit A -7, A-8…. Bates numbers are acceptable. Exhibits must
be e-filed in compliance with CJD 11-01.
No party shall plug into/access the Judicial network without prior approval from the Court.
Trial is scheduled to begin every day at 8:30 a.m. However, if you become aware that
you need a hearing prior to beginning trial the next day, please make best efforts to
notify opposing Counsel so issues can be heard before 8:30 a.m. Counsel must ensure
that their witnesses are immediately available to testify so we can avoid keeping the
jury waiting.
Conduct and Demeanor
Counsel, parties, and witnesses are expected to treat one another, all witnesses, the
Court and staff with courtesy and respect. Counsel should stand when making
objections and refrain from making argument in front of the jury unless elicited by the
Court. Counsel must show one another exhibits prior to approaching the witness stand.
Counsel should ask to approach the Court, witnesses stand, or the reporter’s table.
Counsel should instruct their witness regarding any potential orders that impact that
witness, including sequestration orders.
Counsel should inform witnesses that they must answer questions clearly and verbally.
They must not speak at the same time as counsel. They should not chew gum or
otherwise bring food or drink in the Courtroom. Witnesses must have all electronic
equipment turned completely off. All witnesses and Counsel should refer to others by
their surnames unless that other person is a child. It is the duty of each attorney to
inform their witnesses regarding these instructions. All requirements in this Order are
mandatory and may be modified only upon motion and order.
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If the parties need a status conference between the issuance of this order and the pre-
trial conference, they should file a notice to set consistent with the procedures for
Courtroom 4C. Civil settings occur on Tuesdays at 1:15 p.m. via Webex (415-655-0001
and enter access code 922 345 411). If more than one setting is noticed in on the same
day, parties shall wait on the line until their case is called. Parties that do not participate
in the setting are advised that the matter will be set in their absence. If a party is
represented by counsel, the judge requests that counsel be available rather than an
assistant.
If there are questions, please contact the division clerk for 4C, Mary Tompkin, at 970-
494-3720.
Dated: September 22, 2023.
BY THE COURT:
__________________________
Laurie K. Dean
District Court Judge