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Watson v. UPS Ground Freight, Inc.,

United States District Court, D. Colorado

January 7, 2016

Watson
v.
UPS Ground Freight, Inc., et al

CIVIL PRACTICE STANDARDS

MAGISTRATE JUDGE NINA Y. WANG UNITED STATES DISTRICT COURT

General Information

These Civil Practice Standards are intended to help clarify the procedures that I use when working on your cases, but they are not exhaustive. They are not intended to supersede either the Practice Standards of a presiding Article III District Judge, or the Local Rules of the District of Colorado. If you have questions, you may contact my Chambers at 303.335.2600 or my Courtroom Deputy, Brandy Simmons, at 303.335.2061. Please keep in mind, however, that my staff is not permitted to provide any type of legal advice, grant oral requests over the telephone, or provide information about the progress of any pending motion.

Scheduling Conferences

Please plan on attending the Scheduling Conference in person if you are within the Denver metropolitan area, and be prepared to discuss the specific pretrial needs of your case. In addition to reviewing the proposed Scheduling Order, some typical issues that are covered during the Scheduling Conference include: (1) the basis for the schedule proposed, particularly if the discovery deadline is set beyond six months from the Scheduling Conference; (2) the scope of Electronic Stored Information (“ESI”) anticipated; (3) the manner by which ESI will be exchanged; (4) the need for a Protective Order and/or ESI Protocol; (5) the status of any alternative dispute resolution (“ADR”) attempts; and (6) any special issues facing the Parties.

Along with filing, please submit any proposed Scheduling Order, proposed Protective Order, and/or proposed ESI Protocol in Microsoft Word format directly to my Chambers.

If you are out of town and wish to attend the Scheduling Conference by telephone, you will need to file a Motion for Leave to Appear Telephonically at least three business days prior to the Scheduling Conference.

Informal Discovery Procedure

This informal discovery procedure is applicable to any case for which I am the presiding judge by consent or for which I am the referral Magistrate Judge for purposes of pretrial proceedings including discovery, EXCEPT cases involving pro se prisoners.

Before filing any discovery motion, please contact my Chambers with all counsel representing Parties to the particular discovery dispute or the pro se party to set an informal discovery conference. I expect that before the Parties contact my Chambers requesting an informal discovery conference, the Parties will have met and conferred, either in person or by telephone, during which:

● The dispute to be presented to the court has been discussed in detail, ● Each Party has clearly stated its position and any position of compromise that is acceptable, and

● Each Party has identified the basis for its position.

Written Discovery. If the dispute involves written discovery, at least one day prior to the informal discovery conference, the Parties must complete and submit the written discovery dispute chart in the following example form, with the most persuasive authority included:

Issue

Moving Party’s Position

Opposing Party’s Position

Interrogatory No. 1

Overly broad contention interrogatory. Witt v. GC Servs. Ltd. Partnership, -- F.R.D. --- (2014), Case No.13-cv-02834-RBJ-CBS, 2014 WL 6910500, *5 (D. Colo. Dec. 9, 2014).

Contention interrogatory is the appropriate vehicle and is less burdensome than a Rule 30(b)(6) deposition on this topic. Teashot LLC v. Green Mountain Coffee Roasters, Inc., Case ...


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