Opinion
Civil Action No. 12-cv-02362-REB-KLM
01-21-2014
RAYMOND MONTOYA, Plaintiff, v. BRUCE NEWMAN, in his official capacity as the Sheriff of Huerfano County Jail, LARRY GARBISO, DOE #1-2, detention officer at Huerfano County Jail, DOE #1-2, medical staff member at Huerfano County Jail, and DR. NEECE, Defendants.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE &
CONTINUING TRIAL DATE
Blackburn, J.
This matter is before me on the Recommendation of United States Magistrate Judge [#66] filed January 3, 2014. No party filed objections to the recommendation. Thus, I review the recommendation for plain error only. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no error, much less plain error, in the recommendation, I find and conclude that the recommendation should be approved and adopted as an order of this court.
"[#66]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
The parties were not able to complete discovery while an objection to a discovery order entered by the magistrate judge was pending. That objection now has been resolved. Based on these circumstances, the magistrate judge recommends that the trial currently set to commence May 12, 2014, at 8:30 a.m., be continued to permit the parties to complete discovery. I agree.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#66] filed January 3, 2014, is APPROVED and ADOPTED as an order of this court;
2. That the Final Pretrial Conference/Trial Preparation Conference set May 2, 2014 at 3:00 p.m., and the jury trial set to begin May 12, 2014 at 8:30 a.m., are VACATED and CONTINUED pending further order;
3. That counsel SHALL CONTACT the court's administrative assistant, Susan Schmitz, at (303) 335-2350 on January 31, at 9:30 a.m., to reschedule the combined Trial Preparation Conference and Final Pretrial Conference and the trial;
4. That counsel for the plaintiff SHALL ARRANGE, INITIATE, and COORDINATE the conference call necessary to facilitate the setting conference;
5. That the Second Trial Preparation Conference Order [#54] filed September 18, 2013, is AMENDED as stated in this order; and
6. That otherwise, the Second Trial Preparation Conference Order [#54] filed September 18, 2013, SHALL REMAIN in full force and effect.
Dated January 21, 2014, at Denver, Colorado.
BY THE COURT:
__________
Robert E. Blackburn
United States District Judge