United States District Court, D. Colorado
AFFINITI COLORADO, LLC, a Delaware Limited Liability Company, Plaintiff,
EAGLE-N LIANCE, a Colorado Intergovernmental Entity, Defendant and Third-Party Plaintiff,
DEPARTMENT OF COMMERCE, Third-Party Defendant.
TRIAL PREPARATION ORDER -CIVIL
Marcia S. Krieger United States District Court
This Order sets deadlines, imposes requirements that supplement the Scheduling Order and the Civil Practice Standards, and imposes requirements for trial.
A. Applicable Standards and Rules
References in this Order to “counsel” apply to parties appearing pro se. All counsel should be familiar with the Practice Standards http://www.cod.uscourts.gov/Portals/0/Documents/Judges/MSK/2014%20Uniform%20Practice %20StandardsMSK.pdf and Local Rules of Practice for the United States District Court for the District of Colorado http://www.cod.uscourts.gov/Portals/0/Documents/LocalRules/2014-FINAL-Local-Rules.pdf as well as the Federal Rules of Civil Procedure and Evidence.
If a party to this case is incarcerated, he or she must provide a copy of this Order and all other orders issued in this case to his or her Case Manager. The party is also responsible for attending all hearings. To attend a scheduled hearing by telephone, a party’s Case Manager should contact the Courtroom Deputy Clerk, Patricia Glover at (303)335-2185 at least two business days prior to the hearing to make the necessary arrangements.
B. Pretrial Scheduling Order
Modification: Requests for modification, or extension, of deadlines set in the Scheduling Order will be referred to the Magistrate Judge for resolution. A request to extend the dispositive motion deadline more than 30 days beyond the deadline originally set in the initial Scheduling Order must show exceptional circumstances warranting the extension.
Dispositive Motions: The formats for dispositive motions are found at http://www.cod.uscourts.gov/Portals/0/Documents/Judges/MSK/msksampdismot.pdf and http://www.cod.uscourts.gov/Portals/0/Documents/Judges/MSK/msksj.pdf. Failure to use the appropriate format may result in a delayed ruling on the motion.
If the dispositive motion deadline passes without dispositive motions being filed, the parties shall contact Chambers within 10 days of the dispositive motion deadline to request that a Final Pretrial Conference be set. Failure to contact Chambers within this time may result in the case being dismissed for failure to prosecute.
Rule 702 Motions: The format and procedure for Rule 702 motions is found at http://www.cod.uscourts.gov/Portals/0/Documents/Judges/MSK/Daubert-702%202014%20revisi on.pdf. Rule 702 motions must be filed by the deadline in the Scheduling Order for the filing of dispositive motions. If the dispositive motion deadline is changed, the Rule 702 motion deadline automatically changes as well. If determination of a Rule 702 motion is required for determination of a dispositive motion, please so state in the title of the Rule 702 motion.
C. Proposed Final Pretrial Order
Counsel shall meet and confer sufficiently in advance of the Final Pretrial Conference to jointly prepare a Proposed Final Pretrial Order. It shall be filed with proposed jury instructions, and proposed voir dire questions at least 7 days before the Final Pretrial Conference.
The Proposed Final Pretrial Order should reflect the narrowing of issues to be actually tried, the witnesses that will be called and the exhibits that will be presented. The format for the Proposed Final Pretrial Order differs from that specified in the Local Rules. The content of the following sections is changed as set forth below:
Section 3: Claims and Defenses B Parties are discouraged from submitting a narrative summary of the claims, defenses, facts, and legal theories. If a narrative summary is submitted, it should not exceed one page, and shall be in addition to the following:
Separately enumerate each claim and affirmative defense (a defense on which the Defendant bears the burden of proof) that will be tried. An example is attached to this Order. For each claim and affirmative defense designate:
1) the standard of proof;
2) if the claim is governed by state law, the state whose law controls the claim; and
3) each element that must be proved. For each element, identify facts that establish the element. For each fact, indicate either that it is stipulated or, identify the witness whose testimony or the exhibit, the contents of which, will establish such fact. Any claims or ...