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D STATES DI RIC'L�W.
AMER. COLORADO
• MAR U 6 2001
IN THE UNITED STATES DISTRICT COURT 1R rz
FOR THE DISTRICT OF COLORADO
MAGISTRATE JUDGE PATRICIA A. COAN
'EP. CIntr
Civil Action No. 97-D-2469
ASPHALT PAVING, CO, a Colorado corporation,
Plaintiff,
v.
FREDERICK WATTENBERG, et al.,
Defendants.
ORDER SETTING
SCHEDULING/PLANNING CONFERENCE
The above captioned case has been referred to Magistrate Judge Patricia A. Coan pursuant to the
Order of Reference entered by Judge Wiley Y. Daniel on February 20, 2001.
IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Fed.R.Civ.P. 16(b)
shall be held on April 18, 2001 commencing at 8:30 a.m. in Courtroom C-504 of the United States
Courthouse, Denver. If this date is not convenient for any counsel, he/she should confer with opposing
counsel and my secretary to reschedule the conference to a more convenient date.
Absent exceptional circumstances,no request for rescheduling any appearance in this court
will be entertained unless a request is made five days in advance of the date of appearance.
The plaintiff shall notify all parties who have not entered an appearance of the date and time
of the Schedulinq/Planninq Conference.
IT IS ORDERED that counsel for the parties in this case are to hold a pre-scheduling conference
meeting and prepare a proposed Scheduling Order in accordance with Fed.R.Civ.P. 26(f), as amended, on
or before 21 days prior to scheduling conference. Pursuant to Fed.R.Civ.P.26(d),as amended, no discovery
shall be submitted until after the pre-scheduling conference meeting. No later than five(5)calendar days prior
to the Scheduling/Planning Conference, counsel shall submit their proposed Scheduling Order to the
Magistrate Judge assigned. In addition,on or before 10 days after the pre-scheduling conference meeting
the parties shall comply with the mandatory disclosure requirements of Fed.R.Civ.P. 26(a)(1), as amended.
The parties shall prepare the proposed Scheduling Order in accordance with the form
enclosed with this Order. The parties will receive a copy of the proposed pretrial order form at the
Scheduling Conference.
IT IS FURTHER ORDERED that at least five (5) calendar days prior to the Scheduling/Planning
Conference, counsel for each party shall submit a brief Confidential Settlement Statement to the Magistrate
Judge ONLY,outlining the facts and issues involved in the case,and the possibilities for settlement,including
any settlement authority from the client. The confidential statements should NOT be filed with the Clerk, but
are to be submitted to the Magistrate Judge in Room C-566 of the United States Courthouse, and copies need
not be supplied to opposing counsel. Counsel should be prepared to discuss settlement at the
Scheduling/Planning Conference and should obtain settlement authority from the client, or have the client
available either in person or by telephone.
a_ ado/ P v 2001-0699
All out-of-state counsel shall comply with D.C.COLO.LR 83.5(C) prior to the Scheduling/Planning
Conference.
In addition to filing an appropriate notice with the clerk's office, counsel must file a copy of any notice
of withdrawal, notice of substitution of counsel,or notice of change of counsel's address or telephone number
with the clerk of the United States Magistrate Judge assigned to this case.
The parties are ORDERED to file copies of all pleadings filed with the Court with the
undersigned Magistrate Judge.
The parties are further advised that they shall not assume that the Court will grant the relief
requested in any motion. Failure to appear at a court-ordered conference or to comply with a court-
ordered deadline which has not been vacated by court order may result in the imposition of sanctions.
Should the parties need to reschedule this conference, counsel shall contact the Judge's chambers
no later than five (5) days prior to the scheduled conference.
DATED March 6, 2001 at Denver, Colorado.
BY THE COURT:
Grmtwin-- Q- C t Oi-t
Patricia A. Coon
United States Magistrate Judge
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 97-D-2469
The undersigned certifies that a copy of the foregoing Order Setting
Scheduling/Planning Conference was served on March 6, 2001 by: (*) Delivery to; or by
(**) Depositing in the United States Mail, postage prepaid, addressed to:
Edward Imatani, Esq. **
Banks & Imatani, PC
225 Union Blvd., No. 310
Lakewood, CO 80228
William H. Southard **
1025 9`h Ave., Ste. 309
Greeley, CO 80631
Ron Klinefeller, Esq.**
Western Area Power Admin.
U.S. Dept. of Energy
P.O. Box 3402
Golden, CO 80401
Brad W. Schact *
Often, Johnson, Robinson, Neff & Ragonetti, P.C.
D.C. Box No. 10
K N Front Range Gathering **
6353 N. 7th Ave.
Brighton, CO 80601
Board of County Commissioners **
P.O. Box 758
Greeley, CO 80632
Paul Johns *
Assistant U.S. Attorney
Secretary/Deputy le
INSTRUCTIONS FOR PREPARATION OF
SCHEDULING ORDER AS AMENDED FEBRUARY 15,2001
The court has set a scheduling conference pursuant to Fed. R. Civ. P. 16 and D.C.
COLO.LR 16.2 and 29.1 in the above case. No discovery shall be done by the parties until the
parties meet, in accordance with rule 26(f), and attempt to agree on a Scheduling Order. The rule
26(f) meeting shall be held at least 21days before the proposed Scheduling Order is due to be
tendered. The disclosures required by Fed. R. Civ. P. 26(a)(1) shall be exchanged at or within 14
days after the rule 26(f)meeting. DO NOT FILE ANY DISCLOSURE STATEMENTS WITH THE
COURT.
Five days before the scheduling conference(see Fed.R. Civ.P. 6 for all computations
of time),the parties are to tender a proposed Scheduling Order which shall include the signatures of
counsel and pro se parties and provide for approval by the court as specified on the attached form.
Counsel and pro se parties should try in good faith to agree upon matters covered in the Scheduling
Order. Any area of disagreement should be set forth with a brief statement concerning the basis for
the disagreement. The parties should expect that the court will make modifications in the proposed
Scheduling Order and will want to discuss all issues affecting management of the case. Please note
that the form of the Scheduling Order set out below requires more than the minimum information
listed in D.C.COLO.LR 16.1.
D.C.COLO.LR 72.6 authorizes United States Magistrates Judges to exercise
jurisdiction of civil matters upon the consent of the parties. If all parties have consented to the
Exercise of Jurisdiction by a United States Magistrate Judge pursuant to D.C.COLO.LR 72.6, the
"Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction and
Consent to the Exercise of Jurisdiction by a United States Magistrate Judge" form and a
proposed Order of Reference are to be filed with the Clerk of the Court AT LEAST FIVE
DAYS BEFORE THE SCHEDULING CONFERENCE and the consent indicated in Section 6
of the proposed Scheduling Order. If all parties have not been served or in the event additional
parties are added after the scheduling conference, refer to D.C.COLO.LR 72.6.
Listed on the following pages is the format for the proposed Scheduling Order.
The bracketed information on the form explains what the court expects.
EVEN THOUGH THESE INSTRUCTIONS ARE SINGLE-SPACED,
SCHEDULING ORDERS SHALL BE DOUBLE-SPACED IN ACCORDANCE WITH
D.C.COLO.LR 5.1C.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.
Plaintiff(s),
v.
Defendant(s).
SCHEDULING ORDER
1. DATE OF CONFERENCE
AND APPEARANCES OF COUNSEL AND PRO SE PARTIES
[Provide the date of the conference and the names, addresses, and telephone
numbers of counsel for each party and of each pro se party. Identify by name the party
represented by each counsel.]
2. STATEMENT OF CLAIMS AND DEFENSES
a. Plaintiff(s):
b. Defendant(s):
c. Other Parties:
[Provide concise statements of all claims or defenses. Each party should, in light
of formal or informal discovery undertaken thus far, take special care to eliminate frivolous
claims or defenses. Fed R. Civ. P. 16(c)(1), 11. Do not summarize the pleadings. Statements
such as "defendant denies the material allegations of the complaint,"are not acceptable.]
3. UNDISPUTED FACTS
The following facts are undisputed:
[When the parties have their rule 26(J) meeting, they should make a good faith
attempt to determine which facts are not in dispute.]
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4. COMPUTATION OF DAMAGES
[Include a computation of all categories of damages sought and the basis and
theory for calculating damages. See Fed. R. Civ. P.26(a)(1)(C). This should include the claims
of all parties. It should also include a description of the economic damages, non-economic
damages, and physical impairment claimed, if any.]
5. REPORT OF PRE-CONFERENCE DISCOVERY &
MEETING UNDER FED. R. Civ. P. 26(F)
a. Date of rule 26(f) meeting.
b. Names of each participant and party he/she represented.
c. Proposed changes,if any,in timing or requirement of disclosures under Fed. R.
Civ. P. 26(a)(1).
d. Statement as to when rule 26(a)(1) disclosures were made or will be made.
[If a party's disclosures were not made within the time provided in Fed. R. Civ.P.
26(a)(1), the party must here provide an explanation showing good cause for the omission.]
e. A statement concerning any agreements to conduct informal discovery,
including joint interviews with potential witnesses, exchanges of documents,
and joint meetings with clients to discuss settlement. If there is agreement to
conduct joint interviews with potential witnesses, list the names of such
witnesses and a date and time for the interview which have been agreed to by
the witness, all counsel and all pro se parties.
6. CONSENT
[Pursuant to D.CCOLO.LR 72.6, all full time magistrate judges in the District of
Colorado are specially designated under 28 U.S.C. §636(c)(1) to conduct any or all proceedings
in anvjury or nonjury civil matter and order the entry of judgment Upon consent of the parties
and an order of reference from the district judge. the magistratejudge assigned the case under
28§636(a)and(b)will hold the scheduling conference and retain settlementjurisdiction.whereas
pretrial case management, jurisdiction of dispositive motions and trial will be assigned to the
magistrate fudge drawn at random under D.C.COLO.LR 72.6j
Indicate below the parties'consent choice.
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a.( 1 All parties have consented to the exercise of jurisdiction of a United States
Magistrate Judge.
b. ( 1 All parties have not consented to the exercise of jurisdiction of a United
States Magistrate Judge.
7. CASE PLAN AND SCHEDULE
a. Deadline for Joinder of Parties and Amendment of Pleadings:
[Set time period within which to join other parties and to amend all pleadings. This
portion of the Scheduling Order relates to timing only. It does not eliminate the necessity to file
an appropriate motion and to otherwise comply with Fed R. Civ.P.15. Unless otherwise ordered
in a particular case,for good cause, these dates should be no later than 45 days after the date of
the scheduling conference,so as to minimize the possibility that late amendments and joinder of
parties will precipitate requests for extensions of discovery cutoff,final pretrial conference, and
dispositive motion dates. Counsel and pro se parties should plan discovery so that discovery
designed to identify additional parties or claims is completed before these deadlines.]
b. Discovery Cut-off:
c. Dispositive Motion Deadline:
[Set time periods in which discovery is to be completed and dispositive motions
filed]
d. Expert Witness Disclosure
(1) State anticipated fields of expert testimony, if any.
(2) State any limitations proposed on the use or number of expert witnesses.
(3) The parties shall designate all experts and provide opposing counsel and any
pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before
,200_.
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(4) The parties shall designate all rebuttal experts and provide opposing counsel
and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before
, 200_.
(5) Notwithstanding the provisions of Fed.R.Civ.P.26(a)(2)(B),no exception
to the requirements of the rule will be allowed by stipulation of the parties unless the stipulation is
approved by the court.
e. Deposition Schedule:
Name of Deponent Date of Deposition Time of Deposition Expected Length of Deposition
[List the names of persons to be deposed and a schedule of any depositions to be
taken,including(I)a good faith estimate of the time needed for the deposition and(ii)time(s)and
date(s)for the deposition which have been agreed to by the deponent and persons signing the
Scheduling Order.]
1. Interrogatory Schedule
[Set a schedule for the submission of and response to written interrogatories, if
any are desired.]
g. Schedule for Request for Production of Documents
[Set a schedule for the submission of and response to requests for documents, if
any are desired]
h. Discovery Limitations: •
(1) Any limits which any party wishes to propose on the number of depositions.
(2) Any limits which any party wishes to propose on the length of depositions.
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(3) Modifications which any party proposes on the presumptive numbers of
depositions or interrogatories contained in the federal rules.
(4) Limitations which any party proposes on number of requests for production of
documents and/or requests for admissions.
[At the rule 26([) meeting,the parties should make a good faith attempt to agree to
limit the number of depositions, interrogatories, requests for admissions, and requests for
production. In the majority of cases, the parties should anticipate that discovery, will be limited
as specified in Fed R. Civ. P. 30(a)(2)(A), 33.1
(5) Other Planning or Discovery Orders
[Set forth any other proposed orders concerning scheduling or discovery.]
8. SETTLEMENT
[The parties must certify here that, as required by Fed R. Civ. P. 26W, they have
discussed the possibilities for a prompt settlement or resolution of the case by alternate dispute
resolution. They must also report the result of any such meeting,and any similar future meeting,
to the magistrate judge within ten days of the meeting.]
9. OTHER SCHEDULING ISSUES
a. A statement of those discovery or scheduling issues, if any, on which the parties,
after a good faith effort, were unable to reach an agreement.
b. Anticipated length of trial and whether trial is to the court or jury.
10. DATES FOR FURTHER CONFERENCES
[The magistrate judge will complete this section at the scheduling conference if he
or she has not already set deadlines by an order filed before the conference.]
a. A settlement conference will be held on at
o'clock_M.
IT IS HEREBY ORDERED THAT ALL SETTLEMENT CONFERENCES THAT TAKE
PLACE BEFORE THE MAGISTRATE JUDGE SHALL BE CONFIDENTIAL.
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( ) Pro se parties and attorneys only need be present.
() Pro se parties, attorneys and client representatives with authority to settle must
be present.(NOTE:This requirement is not fulfilled by the presence of counsel.
If an insurance company is involved, an adjustor authorized to enter into
settlement must also be present.)
() Each party shall submit a Confidential Settlement Statement to the magistrate
judge on or before outlining the facts and issues in the case
and the party's settlement position.
b. Status conferences will be held in this case at the following dates and times:
c. A final pretrial conference will be held in this case on at
o'clock_.M. A Final Pretrial Order shall be prepared by the parties and
submitted to the court no later than five days before the final pretrial conference.
11. OTHER MATTERS
IN ADDITION TO FILING AN APPROPRIATE NOTICE WITH THE CLERK'S
OFFICE,COUNSEL MUST FILE A COPY OF ANY NOTICE OF WITHDRAWAL,NOTICE OF
SUBSTITUTION OF COUNSEL, OR NOTICE OF CHANGE OF COUNSEL'S ADDRESS OR
TELEPHONE NUMBER WITH THE CLERK OF THE UNITED STATES MAGISTRATE JUDGE
ASSIGNED TO THIS CASE.
IN ADDITION TO FILING AN APPROPRIATE NOTICE WITH THE CLERK'S
OFFICE,A PROSE PARTY MUST FILE A COPY OF A NOTICE OF CHANGE OF HIS OR HER
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ADDRESS OR TELEPHONE NUMBER WITH THE CLERK OF THE UNITED STATES
MAGISTRATE JUDGE ASSIGNED TO THIS CASE.
WITH RESPECT TO DISCOVERY DISPUTES,PARTIES MUST COMPLY WITH
D.C.COLO.LR 7.1. PARTIES OPPOSING A DISCOVERY MOTION SHALL HAVE 11 DAYS
IN WHICH TO FILE A RESPONSIVE BRIEF. NO REPLY BRIEFS WILL BE ACCEPTED.
DISCOVERY MOTIONS OR BRIEFS RELATING THERETO SHALL NOT EXCEED TEN
PAGES IN LENGTH (NOT INCLUDING ATTACHMENTS OR APPENDICES).
THE PARTIES FILING MOTIONS FOR EXTENSION OF TIME OR
CONTINUANCES MUST COMPLY WITH D.C.COLO.LR 7. 1(C) BY SUBMITTING PROOF
THAT A COPY OF THE MOTION HAS BEEN SERVED UPON THE MOVING ATTORNEY'S
CLIENT, ALL ATTORNEYS OF RECORD,AND ALL PRO SE PARTIES.
12. AMENDMENTS TO SCHEDULING ORDER
Include a statement that the Scheduling Order may be altered or amended only upon
a showing of good cause.
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DATED this day of 200_
BY THE COURT:
United States Magistrate Judge
APPROVED:
(Name) (Name)
(Address) (Address)
(Telephone Number) (Telephone Number)
Attorney for Plaintiff(or Plaintiff,Pro Se) Attorney for Defendant (or Defendant, Pro Se)
Please affix counsels'and any pro se party's signatures before submission of the Final Pretrial Order
to the court.
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