Opinion
Civil Action No. 10-cv-02303-PAB-KLM
08-19-2011
DANIEL ONODERA, Plaintiff, v. BEVERLY DOWIS, Health Services Admin, and JOSEPH FORTUNATO, M.D., Defendants.
ORDER SETTING
SCHEDULING/PLANNING CONFERENCE
AND ADVISEMENT TO PRO SE PLAINTIFFS
Although Plaintiff initiated this lawsuit when he was incarcerated, the Notice of Change of Address submitted by Plaintiff [Docket No. 92; Filed July 27, 2011] indicates he no longer is incarcerated. Accordingly, Plaintiff is now subject to the requirements stated in Fed. R. Civ. P. 26(a) and shall participate in a full scheduling conference.
(as amended effective December 1, 2010)
The above captioned case has been referred to Magistrate Judge Kristen L. Mix pursuant to the Order Referring Case entered by District Judge Philip P. Brimmer on January 13, 2011. The plaintiff, who is proceeding pro se, shall take particular notice to these instructions as any failure to comply may result in the imposition of sanctions and/or dismissal of his case.
District Judge Brimmer accepted this Court's Recommendation to grant in part and deny in part Defendants' Motion to Dismiss on August 19, 2011 [Docket No. 96]. Accordingly, the Court sets a Scheduling Conference as follows.
A. Date of Scheduling Conference
IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Fed.R.Civ.P. 16(b) shall be held on October 26, 2011, commencing at 10:30 a.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado.
B. How to Request Different Date for Scheduling Conference
If this date is not convenient for any counsel or pro se party, he or she shall file a motion to reschedule the conference to a more convenient date, and shall list dates in the motion which are available for all counsel and pro se parties. Absent exceptional circumstances, no request for rescheduling any appearance in this court will be considered unless a motion is made FIVE (5) business days in advance of the date of appearance.
C. How to Request Appearance By Telephone at Scheduling Conference
If you wish to appear at the Scheduling Conference by telephone, you must file a motion seeking permission to appear by telephone and setting forth good cause for a telephonic appearance. No motion for any telephonic appearance will be granted unless it is filed at least FIVE (5) business days in advance of the date of appearance.
D. Plaintiff's Duty to Notify Parties of Scheduling Conference
Despite the fact that the plaintiff is proceeding pro se, he shall notify all parties who have not entered an appearance as of the date of this Order of the date and time of the Scheduling/Planning Conference set forth above.
E. Parties' Obligations Before Scheduling Conference
1. Scheduling Order
IT IS ORDERED that counsel and pro se parties in this case are to hold a pre-scheduling conference meeting at least twenty-one (21) days before the scheduling conference pursuant to Fed. R. Civ. P. 26(f)(1). Pursuant to D.C.COLO.LCivR 16.1, the plaintiff is responsible for preparing a proposed Scheduling Order in accordance with Fed. R. Civ. P. 26(f), as amended. The instructions for completing the Scheduling Order may be found on the Court's website (www.cod.uscourts.gov) with the scheduling order forms. Please be aware that effective December 1, 2009, there are TWO forms of Scheduling Order available on the Court's website under the "Local Rules" tab: one form for non-administrative review cases and one form for cases seeking review on an administrative record. PLEASE USE THE CURRENT and CORRECT FORM FOR YOUR CASE. Pursuant to Fed. R. Civ. P. 26(d), as amended, no discovery is to be exchanged until after the Rule 26(f) conference meeting. The parties shall include the following language in paragraph 8(d) of their proposed Scheduling Order in non-administrative review cases:
"Other Planning or Discovery Orders: No opposed discovery motions are to be filed with the Court until the parties comply with D.C.COLO.LCivR. 7.1(A). If the parties are unable to reach agreement on a discovery issue after conferring, they shall arrange a telephone hearing with Magistrate Judge Mix regarding the issue. Both of these steps must be completed before any contested discovery motions are filed with the Court;"
No later than five (5) calendar days prior to the Scheduling/Planning Conference, counsel and pro se parties shall submit their proposed Scheduling Order in compliance with the Court's Electronic Case Filing Procedures which are also available on the Court's website. An additional copy of the proposed scheduling order is to be provided to my chambers at Mix_Chambers@cod.uscourts.gov by e-mail attachment with the subject line stating "proposed Scheduling Order."
Parties who are pro se or do not have access to the internet may obtain the scheduling order form and instructions from the Clerk's Office, Room A105, in the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado, 80294. Scheduling Orders prepared by parties not represented by counsel, or without access to electronic case filing, are to be submitted to the Clerk of the Court on paper.
2. Mandatory Disclosures
IT IS FURTHER ORDERED that on or before 14 days after the Rule 26(f) pre-scheduling conference meeting, the parties shall comply with the mandatory disclosure requirements of Fed.R.Civ.P. 26(a)(1), as amended.
3. Confidential Settlement Statements
IT IS FURTHER ORDERED that at least five (5) calendar days before the Scheduling/Planning Conference, counsel and pro se parties 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. Electronic case filing participants are to submit their Confidential Settlement statements to chambers at Mix_Chambers@cod.uscourts.gov. with the subject line stating "Confidential Settlement Statement" along with the case number and case caption. The Confidential Settlement statement should be sent as an attachment to the e-mail. Documents with attachments totaling over 15 pages shall be submitted to the Clerk's office in an envelope labeled "Personal Materials" addressed to Magistrate Judge Kristen L. Mix. Counsel and pro se parties should be prepared to discuss settlement at the Scheduling/Planning Conference.
Do not label this envelope "confidential settlement statement" because you will risk the public filing of the document.
F. Miscellaneous
All out-of-state counsel shall comply with D.C.COLO.LCivR 83.3 before the Scheduling/Planning Conference.
It is the responsibility of all counsel and pro se parties to notify the Court of his or her entry of appearance, withdrawal of appearance, substitution of counsel, or change of address, e-mail address, or telephone number by complying with the Court's Electronic Case Filing Procedures or paper-filing the appropriate document with the Court.
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, including deadlines to prepare and submit a proposed scheduling order and confidential settlement statement, may result in the imposition of sanctions under Fed. R. Civ. P. 16(f), including the payment of the opposing parties' expenses in attending the scheduling conference, and/or dismissal of the case.
Anyone seeking entry to the Byron G. Rogers United States Courthouse will be required to show valid photo identification. See D.C.COLO.LCivR 83.2B. Failure to comply with this requirement will result in denial of entry to the courthouse.
DATED: August 19, 2011 at Denver, Colorado.
BY THE COURT:
Kristen L. Mix
United States Magistrate Judge