IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02663-REB-MEH

DEMPSEY ALEXANDER KENNEDY and

CRYSTAL PHIFER,

Plaintiffs,

v.

CORRECTIONS CORPORATION OF AMERICA, a Tennessee corporation, and

TAMMY MOSNESS, an individual,

Defendants.

______________________________________________________________________________

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

______________________________________________________________________________

Michael E. Hegarty, United States Magistrate Judge.

This matter comes before the Court on Plaintiffs’ Unopposed Motion for Continuance of

Trial Date and for Supplemental Scheduling Conference [filed June 20, 2012; docket #38]. The

Motion was referred to this Court for partial disposition and recommendation. (Docket #81.) At

Plaintiffs’ request, the Court held a supplemental scheduling conference in this case on June 28,

2012, to discuss the necessity of modifying deadlines and continuing the trial date. 

Upon review of Plaintiffs’ Motion and in consideration of the arguments advanced by

Plaintiffs’ counsel at the supplemental scheduling conference, the Court finds that 60-day

continuance of all deadlines, including the trial date, is appropriate and advisable. Plaintiffs’

counsel entered his appearance on March 23, 2012, after previous counsel had withdrawn. Although

Plaintiffs’ counsel initially believed he could comply with the existing deadlines, other matters have

caused him to fall significantly behind. Under the current litigation schedule, Plaintiffs’ counsel

is concerned that he will not be able to complete discovery or diligently protect his clients’ interests.

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Be advised that all parties shall have fourteen (14) days after service hereof to serve and

file any written objections in order to obtain reconsideration by the District Judge to whom this

case is assigned. Fed. R. Civ. P. 72. The party filing objections must specifically identify those

findings or recommendations to which the objections are being made. The District Court need

not consider frivolous, conclusive or general objections. A party's failure to file such written

objections to proposed findings and recommendations contained in this report may bar the party

from a de novo determination by the District Judge of the proposed findings and

recommendations. United States v. Raddatz, 447 U.S. 667, 676-83 (1980); 28 U.S.C. §

636(b)(1). Additionally, the failure to file written objections to the proposed findings and

recommendations within fourteen (14) days after being served with a copy may bar the

aggrieved party from appealing the factual findings of the Magistrate Judge that are accepted or

adopted by the District Court. Thomas v. Arn, 474 U.S. 140, 155 (1985); Moore v. United

States, 950 F.2d 656, 659 (10th Cir. 1991); Niehaus v. Kansas Bar Ass'n, 793 F.2d 1159, 1164

(10th Cir. 1986).

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The Court shares his concern. As of today, the deadlines and settings for this case are as follows:

Discovery Deadline: July 19, 2012

Dispositive Motions Deadline: July 31, 2012

Deadline for Rule 702 Motions: July 31, 2012

Final Pretrial Conference: Sept. 6, 2012

Trial Preparation Conference: Nov. 2, 2012

Jury Trial: Nov. 19, 2012

For the reasons described above, the Court respectfully RECOMMENDS that the Trial

Preparation Conference set for September 6, 2012, and the Jury Trial set for November 19, 2012,

be vacated and reset to dates at least 60 days beyond the current settings as Judge Blackburn’s

calendar permits.1

 Consistent with the continued settings, the Court also RECOMMENDS the

District Court extend the deadline for Rule 702 motions to September 28, 2012, and authorize this

Court modify the Scheduling Order as follows:

Discovery Deadline: Sept. 17, 2012

Dispositive Motions Deadline: Sept. 28, 2012

Final Pretrial Conference: Nov. 2, 2012

 

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Respectfully submitted at Denver, Colorado, this 29th day of June, 2012.

BY THE COURT:

Michael E. Hegarty

United States Magistrate Judge

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