Newman v. Harlan

Full title: JOHN NEWMAN, and NANCY NEWMAN, Plaintiffs, v. MICHAEL D. HARLAN, and JL…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Oct 28, 2013

Civil Action No. 12-cv-02797-REB-KMT (D. Colo. Oct. 28, 2013)

Opinion

Civil Action No. 12-cv-02797-REB-KMT

10-28-2013

JOHN NEWMAN, and NANCY NEWMAN, Plaintiffs, v. MICHAEL D. HARLAN, and JL SMITH TRUCKING COMPANY, Defendant.

Robert E. Blackburn

Judge Robert E. Blackburn

ORDER ADOPTING RECOMMENDATION OF

UNITED STATES MAGISTRATE JUDGE

Blackburn, J.

This matter is before me on Recommendation of United States Magistrate Judge regarding Trial Preparation Conference Order setting Trial Preparation Conference/Final Pretrial Conference and Trial dates [#65]¹ entered September 30, 2013. I approve and adopt the recommendation.

1 "[#65]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.

No objections to the recommendation were filed. Thus, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service , 418 F.3d 1116, 1122 (10^th Cir. 2005). As detailed in the recommendation [#26], the plaintiff's claim is time barred, and there is no basis established in the record to apply equitable tolling. As a result, the plaintiff's complaint must be dismissed. The conclusions and recommendation of the magistrate judge are correct. Finding no error, much less plain error, in the disposition recommended by the magistrate judge, I find and conclude that the recommendation should be approved and adopted as an order of this court.

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of United States Magistrate Judge regarding Trial Preparation Conference Order setting Trial Preparation Conference/Final Pretrial Conference and Trial dates [#65] entered September 30, 2013 is APPROVED and ADOPTED as an order of this court;

2. That the pretrial deadlines set forth in the recommendation are approved and adopted as an order of this court;

4. That on November 6, 2013, commencing at 10:00 a.m., the court SHALL CONDUCT a telephonic setting conference to reset the Final Pretrial Conference/Trial Preparation Conference and jury trial in this matter; and

5. That counsel for the plaintiff SHALL ARRANGE, INITIATE, AND COORDINATE the conference call necessary to facilitate the setting conference to the Judicial Assistant for Judge Blackburn at (303) 335-2350.

Dated October 28, 2013, at Denver, Colorado.

BY THE COURT:

________

Robert E. Blackburn

United States District Judge