IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Michael J. Watanabe

Civil Action No. 11-cv-01756-DME-MJW FTR - Courtroom A-502

Date: January 23, 2012 Courtroom Deputy, Ellen E. Miller

Parties

MARCUS LELAND FREEMAN,

#29129-077

Plaintiff(s),

Counsel

Pro Se

v.

WOOLSTON, Vocational Instructor,

LIKEN, Education Department,

Defendant(s).

Marcy E. Cook

COURTROOM MINUTES / MINUTE ORDER

HEARING: RULE 16(b) SCHEDULING CONFERENCE

Court in session: 2:00 p.m.

Court calls case. Appearance of Pro Se Plaintiff and defense counsel. 

It is noted the Plaintiff filed a Motion to Oppose the Protective Order filed by the Defendants. 

This motion [Docket No. 55] is determined to be a response to a motion which had been

discussed with the Plaintiff by the Defendant, but had not yet been filed. With agreement of the

parties,

It is ORDERED: Plaintiff’s MOTION TO OPPOSE THE PROTECTIVE ORDER FILED BY

THE DEFENDANTS [Docket No. 55, filed January 06, 2012] is

WITHDRAWN and is deemed a RESPONSE to Defendants’ MOTION

FOR PROTECTIVE ORDER [Docket No. 57, Filed January 09, 2012].

Defendants shall have up to and including FEBRUARY 02, 2012 within

which to file any REPLY.

It is noted both sides filed proposed Scheduling Orders [Docket No. 54 and Docket No. 59]

Docket No. 59 is used as the framework and a final Scheduling Order with additions and

corrections made on the record will be submitted for the Court’s signature JANUARY 24, 2012, 

nunc pro tunc to January 23, 2012.

The following will confirm the actions taken and dates set at the scheduling conference held this

date:

Case 1:11-cv-01756-DME-MJW Document 61 Filed 01/23/12 USDC Colorado Page 1 of 3
Page 2 of 3

Joinder of Parties/Amendment to Pleadings: FEBRUARY 22, 2012

Discovery Cut-off: JUNE 22, 2012

Dispositive Motions Deadline: AUGUST 03, 2012

Each side shall be limited to one (1) expert witness, without further leave of Court.

Parties shall designate experts on or before APRIL 13, 2012

Parties shall designate rebuttal experts on or before MAY 25, 2012

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 MAY 18, 2012.

Each party shall be limited to twenty-five (25) Interrogatories, twenty-five (25) Requests for

Production, and twenty-five (25) Requests for Admissions, without leave of Court.

Each party shall be limited to five (5) depositions, including experts. 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 JUNE 22, 2012.

Parties shall use deposition exhibits numbered in consecutive order, not separated as Plaintiff

Exhibits or Defendant Exhibits. Parties shall not use any duplicative exhibits.

Defendants anticipate filing a Motion pursuant to Fed.R.Civ.P. 30(a)(2) for Leave to Depose

Plaintiff who is confined to prison.

No SETTLEMENT CONFERENCE is set at this time.

A STATUS CONFERENCE is set APRIL 02, 2012 at 9:00 a.m.

Pro Se Plaintiff shall call the Court at (303) 844-2403 at the scheduled time to participate in the

Status Conference. Defense counsel shall appear in person.

Topics of discussion will include (1) status of discovery (2) status of outstanding motions (3)

timing and need to set a Settlement Conference.

FINAL PRETRIAL CONFERENCE set for OCTOBER 04, 2012 at 9:00 a.m.

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, and then sent as a Word or WordPerfect

attachment to Watanabe_Chambers@cod.uscourts.gov, on or before SEPTEMBER 27, 2012.

In the subject line of the e-mail, counsel shall list the case number, short caption, and

 “proposed final pretrial order.” (See www.cod.uscourts.gov for more information.)

Valid photo identification is required to enter the courthouse. In accordance with Fed.R.Civ.P.

16(e), the 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. Incarcerated individuals shall appear

by telephone.

TRIAL: Trial will be set by U. S. Circuit Court Judge David M. Ebel after the final pretrial

conference is held. The parties anticipate a five (5) day trial to a jury.

Case 1:11-cv-01756-DME-MJW Document 61 Filed 01/23/12 USDC Colorado Page 2 of 3
Page 3 of 3

! 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 approved and made an order of court and shall be filed in its final form

for the Court’s signature by end of business JANUARY 24, 2012.

 

Hearing concluded.

Court in recess: 2:43 p.m. 

Total in-court time: 00:43

Case 1:11-cv-01756-DME-MJW Document 61 Filed 01/23/12 USDC Colorado Page 3 of 3