IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Michael J. Watanabe

Civil Action No. 11-cv-02667-WYD-MJW FTR - Courtroom A-502

Date: January 20, 2012 Courtroom Deputy, Ellen E. Miller

Parties

TAMMY ROBERTS, on behalf of herself and all

similarly situated persons,

Plaintiff(s),

Counsel

Brian D. Gonzales

v.

THE KESSLER ENTERPRISE, INC.,

a Georgia corporation, and

RCK BEAVER CREEK LODGE, INC.,

a Colorado corporation,

Defendant(s).

Charles W. Weese, III

C. Daniel Wyatt, III (by telephone)

COURTROOM MINUTES / MINUTE ORDER

HEARING: RULE 16(b) SCHEDULING CONFERENCE

Court in session: 8:35 a.m.

Court calls case. Appearances of counsel. 

Discussion is held regarding the Unopposed Motion for Dismissal and Substitution of

Defendants. With the agreement of both parties,

It is ORDERED: Plaintiff’s UNOPPOSED MOTION FOR DISMISSAL AND

SUBSTITUTION OF DEFENDANTS [Docket No. 19, filed January 19,

2012] is GRANTED for reasons as set forth on the record.

It is ORDERED: The AMENDED COMPLAINT [Docket No. 20] is accepted for filing as of

this date and is made the operative pleading.

It is ORDERED: GRAND PERFORMER, INC. d/b/a The Beaver Creek Lodge, a Florida

corporation, is substituted as the sole defendant and previously 

named defendants THE KESSLER ENTERPRISE, INC., and

RCK BEAVER CREEK LODGE, INC., are dismissed without prejudice.

All future filings in this case shall reflect the amended caption.

Defense counsel has agreed to accept service on behalf of Grand Performer, Inc.

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

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held this date:

Parties shall complete their Fed. R. Civ. P. 26(a)(1) disclosures on or before FEBRUARY 09, 

2012.

Parties shall meet and confer, and if needed, file their Motion for Protective Order and proposed

Protective Order on or before JANUARY 30, 2012.

Joinder of Parties/Amendment to Pleadings: MARCH 05, 2012

Discovery Cut-off: AUGUST 24, 2012

Dispositive Motions Deadline: SEPTEMBER 24, 2012

Each side shall be limited to two (2) expert witnesses, without further leave of Court.

Parties shall designate experts on or before MAY 21, 2012

Parties shall designate rebuttal experts on or before JULY 20, 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 JULY 20, 2012.

Each side 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 side shall be limited to ten (10) 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 AUGUST 24, 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.

A SETTLEMENT CONFERENCE is set for APRIL 12, 2012 at 10:00 a.m.

in Courtroom A-502, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street,

Denver, Colorado 80294. 

Updated Confidential Settlement Statements are due to Magistrate Judge Watanabe

via e-mail, as a PDF attachment, at Watanabe_Chambers@cod.uscourts.gov

on or before APRIL 09, 2012.

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

conference and “confidential settlement statement.” 

Statements containing more than 15 pages should also be submitted in hard copy paper form

with the envelope addressed to “Magistrate Judge Watanabe Chambers. Personal and

Confidential”. 

All attorneys, parties and/or client representatives, including an adjustor if an insurance

company is involved, with full settlement authority shall be present in person at the settlement

conference. Out-of-state counsel, Mr. Wyatt, may appear by telephone as long as local counsel

appears in person. Anyone seeking entry into a United States Courthouse is required to show

a valid current photo identification. See D.C.COLO.LCivR 83.2. Failure to comply with this

requirement may result in denial of entry to the courthouse.

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FINAL PRETRIAL CONFERENCE set for NOVEMBER 27, 2012 at 9:30 a.m.

in Courtroom A-502, Fifth floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver,

Colorado 80294. Out-of-state counsel, Mr. Wyatt, may appear by telephone as long as local

counsel appears in person.

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 NOVEMBER 23, 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.

TRIAL:

The parties anticipate a five (5) day trial to the court.

Chief Judge Wiley Y. Daniel 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 signed and entered with interlineations JANUARY 20, 2012

Hearing concluded.

Court in recess: 9:00 a.m.

Total in-court time: 00:25

To order a transcript of this proceedings, contact Avery Wood Reports (303) 825-6119 or Toll Free 1-800-962-3345. 

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