Opinion
Civil Action No. 12-cv-02383-WJM-MJW
12-10-2012
TEWODROS G. JEMANEH, Plaintiff(s), v. THE UNIVERSITY OF WYOMING; THE UNIVERSITY OF WYOMING COLLEGE OF HEALTH SCIENCES; THE UNIVERSITY OF WYOMING SCHOOL OF PHARMACY; TOM BUCHANAN, in his individual and official capacities; NELL RUSSELL, in her individual and official capacities; JOSEPH F. STEINER, in his individual and official capacities; DAVID L. JONES, in his individual and official capacities; JOHN H. VANDEL, in his individual and official capacities; BEVERLY A. SULLIVAN, in her individual and official capacities; JAIME R. HORNECKER, in her individual and official capacities; JANELLE L. KRUEGER, in her individual and official capacities; CARA A. HARSHBERGER, in her individual and official capacities; AMY L. STUMP, in her individual and official capacities; AGATHA CHRISTIE NELSON, in her individual and official capacities; KATHLEEN A. THOMPSON, in her individual and official capacities; and MARIA A. BENNETT, in her individual and official capacities, Defendant(s).
Pro Se Stephen H. Kline
Magistrate Judge Michael J. Watanabe
FTR - Courtroom A-502
Courtroom Deputy, Ellen E. Miller
Counsel
Pro Se
Stephen H. Kline
COURTROOM MINUTES / MINUTE ORDER
HEARING: SHOW CAUSE HEARING/ RULE 16(b) SCHEDULING CONFERENCE
Court in Session: 9:55 a.m.
Court calls case. Appearances of Pro Se plaintiff and defense counsel.
It is noted defendants Nell Russell, Beverly A. Sullivan and Amy L. Stump are now represented by Stephen H. Kline and have filed Answers (Docket No. 35, filed November 21, 2012 and Docket No. 38, filed December 07, 2012). It is ORDERED: The ORDER TO SHOW CAUSE [Docket No. 32 , filed October 31, 2012] is deemed satisfied and is vacated. It is noted Defendants filed a Joint Proposed Scheduling Order [Docket No. 36, filed December 04, 2012]. Plaintiff filed a Motion to Correct the Joint Proposed Scheduling Order Filed by Defendants' Counsel [Docket No 39, filed December 07, 2012]. Docket No 36 is used by the Court as the frame work of the Scheduling Order and uses information from Plaintiff's Motion for discussion and notations. It is ORDERED: Plaintiff's MOTION TO CORRECT THE JOINT PROPOSED SCHEDULING ORDER FILED BY DEFENDANTS' COUNSEL [Docket No. 39, filed December 07, 2012] is GRANTED IN PART AND DENIED IN PART for reasons as set forth on the record.
The following will confirm the actions taken and dates set at the scheduling conference held this date:
Joinder of Parties/Amendment to Pleadings: JANUARY 15, 2013 Discovery Cut-off: AUGUST 30, 2013 Dispositive Motions Deadline: OCTOBER 31, 2013 Each side shall be limited to two (2) expert witnesses, without further leave of Court.
Parties shall designate experts on or before JULY 01, 2013
Parties shall designate rebuttal experts on or before AUGUST 01, 2013.
The disclosure of Experts shall be consistent with Fed. R. Civ. P. 26(a)2(B).
Interrogatories, Requests for Production, and Requests for Admissions shall be served on or before JULY 29, 2013 Each side shall be limited to fifty (50) Interrogatories, twenty-five (25) Requests for Production, and fifty (50) Requests for Admissions, without leave of Court. Each side shall be limited to twenty-five (25) depositions. Each deposition shall be limited to one (1) day of a maximum of seven (7) hours, absent leave of Court. All depositions, fact and expert witnesses, shall be completed no later than AUGUST 30, 2013. Parties shall use deposition exhibits numbered in consecutive order, not separated as Plaintiff Exhibits or Defendant Exhibits. Parties shall not use any duplicative exhibits. Plaintiff shall be aware that [1] any costs associated with a deposition, including any court reporter fees, are the responsibility of the party noticing the deposition and that [2] Plaintiff must confer with defense counsel regarding available dates and times for any depositions she may wish to take. FINAL PRETRIAL CONFERENCE set for DECEMBER 16, 2013 at 10:00 a.m. (Mountain Time) in Courtroom A-502, Fifth floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. The proposed Final Pretrial Order shall be filed on or before DECEMBER 09, 2013. Defendants shall electronically file the proposed Final Pretrial Order. In accordance with Fed.R.Civ.P. 16(e), the Final Pretrial Conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties. TRIAL:
The parties anticipate a three (3) week [ fifteen (15) day] trial to a jury.
Judge William J. Martinez will set a Trial Preparation Conference and Trial at a future date.
• Parties are directed to www.cod.uscourts.gov regarding Judicial Officers' Procedures and shall fully comply with the procedures and Practice Standards of the judicial officer assigned to try this case on the merits. Absent exceptional circumstances, no request for rescheduling any appearance in this court will be entertained unless a written request is made FIVE (5) business days in advance of the date of appearance. [X] Scheduling Order is entered with interlineations and made an Order of Court. Parties shall file the Scheduling Order in its final form for the Court's signature on or before DECEMBER 31, 2012 nunc pro tunc to DECEMBER 10, 2012. Hearing concluded. Court in recess: 11:28 a.m. Total in-court time: 01:33 To order a transcript of this proceedings, contact Avery Woods Reports (303) 825-6119 or Toll Free 1-800-962-3345.