Free Proposed Pretrial Order - District Court of Colorado - Colorado

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00687-PSF-BNB MARY JO LAIRD, Plaintiff, v. GUNNISON COUNTY, a County of the State of Colorado, acting through THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, THE BOARD OF TRUSTEES FOR THE GUNNISON COUNTY PUBLIC LIBRARY, and JOHN DEVORE and PEGGY MARTIN, in their individual capacities, Defendants. ______________________________________________________________________________ PRETRIAL ORDER

1. DATE AND APPEARANCES The final Pretrial Conference was held on August 1, 2006. a. Appearing on behalf of Plaintiffs: Stuart A. Jay, Esq. Kennedy Childs & Fogg, P.C. 1050 17th Street, Suite 1050 Denver, Colorado 80265 Telephone: (303) 825-2700 Facsimile: (303) 825-0434 [email protected] b. Appearing on behalf of Defendants: Eric M. Ziporin, Esq. SENTER GOLDFARB & RICE , L.L.C. 1700 Broadway, Suite 1700 Denver, Colorado 80290 Telephone: (303) 320-0509 Facsimile: (303) 320-0210 [email protected] .

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2. JURISDICTION Plaintiff claims jurisdiction pursuant to 28 U.S.C. §§1331 and 1343, and 42 U.S.C. § 1988. Plaintiff is alleging violations of the rights guaranteed under the Fourteenth Amendment to the United States Constitution to not be deprived of liberty or property without due process of law, and violation of 42 U.S.C. § 1983 and 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 1367, Plaintiff also invokes this Court's supplemental jurisdiction with respect to claims based on the law of the State of Colorado.

3. CLAIMS AND DEFENSES a. Plaintiff's claims:

Plaintiff, Mary Jo Laird ("Plaintiff" or "Mrs. Laird"), was employed by the County of Gunnison ("Gunnison") for over 14 years before her termination in September 2002. During her entire employment she was a librarian in a branch of the Gunnison library system and worked in the library in Crested Butte, Colorado. From 1993 until her termination, Mrs. Laird was the Branch Librarian at the Crested Butte Library. From at least 1996 until 2002, shortly before her termination, she worked under a job description which contained the wording, under "Desired Minimum Qualifications", that the person in this position could have "any equivalent combination of education and experience", and that a "Masters of Library Science" was "preferred". Ms. Laird did not have a Masters of Library Science degree. Rather, she had a Bachelors Degree in education. Her level of formal education did not present a problem until her position was "reclassified" on May 13, 2002 to the position of Library Manager. The job description of the "reclassified position" did not differ materially from the job description that Mrs. Laird had been performing for at least the past 6 years

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of her employment, with the exception that it expressly required a Masters in Library Science degree, without permitting the equivalent in experience and education. On September 18, 2005, Mrs. Laird was notified that her position at the Crested Butte Library was being "eliminated" and that her services would no longer be needed after September 30, 2002. She was the victim of a "reduction of force" of one person ­ herself! She was told that she didn't qualify for the newly "reclassified" position as she did not possess a Master's Degree in Library Science. It should be noted that Gunnison, prior to Plaintiff's termination, had a number of positions, including that of the County Manager, where equivalent experience could replace a degree. For example, Defendant DeVore, the County Manager, was in a job which preferred a Master's Degree, but his Bachelor's Degree together with equivalent experience was sufficient to employ and retain him in that position. The underlying reason for the "reclassification" of Plaintiff's position and her involuntary separation from Gunnison was Ms. Laird's alleged inability to do the job. Under the Personnel Policies of Gunnison, if an employee was unable to do an adequate job, she could be terminated, but such termination required her to be provided with an appeal process, which included the appointment of an independent hearing officer to determine if cause exists for the termination. The Personnel Policies are silent on the right of an employee to an appeal if the employee is subject to a "reduction in force". The Personnel policies contain no guidelines for determining when an employee is to be laid off as part of a "reduction in force". Gunnison also knew that if Mrs. Laird were merely demoted to another position she would also have been entitled to an appeal, with the appointment of an independent hearing officer, which was not desired by Gunnison . Mrs. Laird had an implied contract with Gunnison, by virtue of the Personnel Policies, that she would not be terminated or demoted, or suffer an adverse employment action without being -3-

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provided with the opportunity to appeal such action. The existence of such contract turned her atwill employment into a constitutionally protected property right, which she could not be deprived of without due process as guaranteed by both the Colorado and United States Constitutions. The Gunnison Personnel Policies state that an employee has a right to a grievance and or an appeal if any action has been taken affecting job classification, pay or status, or "any other term or condition of employment" . The same policies also guarantee an employee the right to a formal hearing, by an independent hearing officer, "following receiving a written notice of dismissal". While Mrs. Laird's letter from Gunnison does not use the word "dismiss", it clearly tells her that a major term of her employment has been affected and that her services will no longer be required by Gunnison. The effect is the same as a dismissal, and she had an absolute right to appeal. The attempt to label her dismissal as a "reduction in force" or as a "lay-off" is nothing but a pretext for the unconstitutional deprivation of her constitutionally protected property rights. Plaintiff, therefore, makes claims against Defendants under 42 USC § 1983 for deprivation of Plaintiff's constitutional rights to property without due process of law, as well as for breach of contract and, in addition, alleges that the promises of not being terminated from employment, without the right to a hearing, should be enforced by virtue of the doctrine of promissory estoppel. b. Defendant's defenses:

Plaintiff began her employment with the County in 1988 as a Branch Librarian at the Crested Butte Library. In around 1999, Martin, the Library Director for Gunnison County, began receiving requests from the community that the library in Crested Butte needed to mature with the community and that a "professional" Librarian was needed. A specific request was later made from the Crested Butte Friends of Library Board, who donated $2,500 to the Library, that the donation be used for the purchasing of books selected by someone with a "library science" degree. While Plaintiff -4-

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primarily handled the daily operations of the Crested Butte Library, it became clear to Martin that the need for an individual with a Masters in Library Science ("MLS") degree was required at the library as the time she had to assist Plaintiff in the day-to-day operations of the facility was becoming more limited. Since the Crested Butte Library had grown and her own time was becoming more limited, Martin decided that the library needed a more independent, autonomous, and professional position to run the facility. Martin thereafter sought to classify a new position of Branch Manager which included the requirement of an MLS degree. Martin's intent all along was simply to add the new position and she had no reason to believe that it would have an impact on the remaining positions at the library. The County Manager (position subsequently changed to Chief Executive Officer), DeVore, approved the new position, and then the matter was sent to the Classification Committee to determine its pay grade. The position was classified in May of 2002, and it was left to Martin's discretion as to when the new position would be filled. It was not until after the new position was classified that Martin investigated the potential funding for the position, and while doing so, she was informed that there was funding only for one "managerial-type" position at the Crested Butte Library. Martin looked into several alternatives besides eliminating any positions at the library. However, after waiting a period of time to consider these alternatives, as well as waiting for some personal issues in Plaintiff's life to resolve, Martin made the decision that the position held by Plaintiff would need to be eliminated in order to fit the salary for the new position within the library budget. On September 10, 2002, Martin met with Plaintiff and informed her of the new position as well as her layoff from the Crested Butte Library. Martin explained to Plaintiff the reasons behind the elimination of her position, and that if someone internally accepted the new position, there might -5-

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be an opening for which Plaintiff could apply for at the Gunnison Library. It was explained to Plaintiff that she was laid off as her position had been eliminated due to a lack of funding. Martin sent a certified letter to Plaintiff on September 18, 2002 which informed Plaintiff of the layoff as of September 30, 2002, and invited Plaintiff to apply for any vacant position at the Gunnison Library. On September 25, 2002, Plaintiff sent a letter to DeVore requesting a hearing to appeal her termination. DeVore responded on September 30, 2002 and detailed the reasons for her being laid off as well as to explain that all County policies had been followed. Applications for the vacant position at the Gunnison Library were accepted, and Plaintiff submitted an application. Plaintiff was later interviewed, the position was offered to her, but she declined. As for defenses, Plaintiff's Complaint fails to state any claim upon which relief can be granted. Plaintiff's claims and damages, if any, were proximately caused by the acts or omissions of Plaintiff. Plaintiff has failed to reasonably mitigate her alleged damages. Plaintiff's alleged damages, if any, are not of the nature and extent as alleged by Plaintiff. Plaintiff's claims pursuant to 42 U.S.C. § 1983 are barred in that she did not have a protected property interest in her employment as she was an at-will employee under Colorado law. Plaintiff's claims against Defendants DeVore and Martin are barred in that these Defendants are entitled to qualified immunity. Defendants' actions were not willful, wanton, or in bad faith. Plaintiff's claims are barred because at no time did she have either an express or implied contract of employment with Gunnison County. To the extent that it is later determined that either an express or implied contract existed, Plaintiff's claims are barred by the doctrines of waiver and estoppel. Plaintiff cannot establish an implied contract based upon the Personnel Policies because Defendants did not demonstrate a willingness to be bound by the appeal procedures as applicable to a lay off as the -6-

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result of a reduction in work force. Plaintiff's claims are barred because she could not have reasonably understood that Defendants were offering the Personnel Policies as part of the terms and conditions of her employment. Plaintiff's claims are barred because Defendants complied with the Personnel Policies as pertaining to a lay off as the result of a reduction in work force. Plaintiff's claims are barred because Defendants should not reasonably have expected Plaintiff to consider the Personnel Policies as a commitment from Defendants to apply the appeal procedures to a lay off as the result of a reduction in work force. 4. STIPULATIONS 1. Gunnison County is a county of the State of Colorado and the Board of County

Commissioners is its governing body. 2. Plaintiff started employment with Gunnison County in 1988 as assistant librarian at

the Crested Butte Branch Library, and was promoted to Branch Librarian in approximately 1993. 3. Beginning in 1989, Gunnison County adopted Personnel Policies which it gave to

all employees, including Plaintiff. 4. At all times relevant to Plaintiff's Complaint, Defendant John DeVore was Gunnison

County's County Manager or Chief Executive Officer. 5. PENDING MOTIONS Defendants' Motion for Summary Judgment (Docket # 89), filed on May 1, 2006 and Plaintiff's Motion for Partial Summary Judgment (Docket #93), filed on May 5, 2006, are both fully briefed and awaiting the ruling of the Court. 6. WITNESSES A. Non-expert witnesses to be called by Plaintiff: (1) Witnesses who will be present at trial: -7-

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1.

Mary Jo Laird 112 Chekwa Trail Gunnison, Colorado 81230 (970) 641-5604

Ms. Laird is the Plaintiff in this action and has knowledge of all facts relating to her employment with Gunnison. 2. Alex Laird 112 Chekwa Trail Gunnison, Colorado 81230 Phone: (970) 641-5604

Mr. Laird is the husband of Plaintiff and may have knowledge and information regarding Plaintiff's employment with Gunnison, the effect upon her of the termination, and other disputed facts. 3. Peggy Martin, Director, Gunnison Public Library 414 North Taylor Gunnison, Colorado 81230 (970) 541-1956

Ms. Martin was Plaintiff's Supervisor and has knowledge of the circumstances of Plaintiff's employment and termination, as well as the actions of Gunnison in eliminating Plaintiff's position. She will be called as an adverse witness. 4. John DeVore, County Manager Gunnison County 200 E. Virginia Avenue Gunnison, Colorado 81230 (970) 641-0248

Mr. DeVore, the chief executive officer of Gunnison, denied Plaintiff's appeal of her termination, was involved in the elimination of Plaintiff's job and has knowledge and information regarding other disputed facts. He will be called as an adverse witness.

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5.

Debbie Moore, Personnel Director Gunnison County Gunnison, Colorado 81230 (970) 641-2203

Ms. Moore may have knowledge and information regarding has knowledge of the circumstances of Plaintiff's employment and termination, as well as the actions of Gunnison in eliminating Plaintiff's position, and disputed facts and information regarding the Class/Comp Committee and the process which led to Plaintiff's termination from Gunnison. She will be called as an adverse witness. (2) 1. Witnesses who may be present at trial if the need arises:

Archie Martin, Director M.I.S. Department, Gunnison Public Library 414 North Taylor Gunnison, Colorado 81230 (970) 541-1956

Mr. Martin is the husband of Defendant, Martin, and may have knowledge and information regarding Plaintiff's employment, the operation of the Gunnison Library and other disputed facts. 2. Carol Primus 276 Meadowlark Trail Gunnison, Colorado (970) 641-251

Ms. Primus was hired for the new position at the Crested Butte Library and may have knowledge and information regarding Plaintiff's employment, the operation of the Gunnison Library and other disputed facts. 3. Laurel Bain, Assistant Director, Gunnison Library 309 Tomichi Lane Gunnison, Colorado 81230 (970) 641-2301

Ms. Bain was a co-worker of Plaintiff's and has knowledge regarding her employment and may have knowledge and information regarding disputed facts. -9-

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4.

Jane Thomas, Assistant Librarian, Crested Butte Address Unknown Crested Butte, Colorado 81224 (970) 349-5271

Ms. Thomas was a co-worker of Plaintiff and supervised by her and has knowledge regarding her employment and may have knowledge and information regarding disputed facts. 5. Kathleen Ross, Library Assistant, Crested Butte Address Unknown Crested Butte, Colorado 81224 (970) 349-7128

Ms. Ross was a co-worker of Plaintiff and has knowledge regarding her employment and may have knowledge and information regarding disputed facts. 6. Jeanne Collins Address Unknown

Ms. Collins, was a co-worker of Plaintiff's and may have knowledge and information regarding Plaintiff's employment and other disputed facts. 7. Barbara Crawford 142 Shavano Street Crested Butte, Colorado 80224-9621 (970) 349-9296

Ms. Crawford was a member of Friends of the Library, and may have knowledge and information regarding Plaintiff's employment and other disputed facts. 8. Ms. Mary Swanwick Address Unknown Crested Butte, Colorado 81224 (970) 349-7747

Ms. Swanwick was a member of Friends of the Library, and may have knowledge and information regarding Plaintiff's employment and other disputed facts.

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9.

John Harrington 332 Shavano Street Crested Butte, Colorado 81224-9621 (970) 349-2754

Mr. Harrington was a member of Friends of the Library, and the Board of Trustees for the Gunnison County Public Library, and may have knowledge and information regarding Plaintiff's employment and other disputed facts. 10. Dr. Allen Beck Address Unknown Crested Butte, Colorado 81224 (970) 349-6256

Dr. Beck was a Library Volunteer at the Crested Butte Library and may have knowledge and information regarding Plaintiff's management of the Library. 11. Peter Bridges Address Unknown Crested Butte, Colorado 81224 (970) 349-5402

Mr. Bridges was a member of Friends of the Library, and may have knowledge and information regarding Plaintiff's employment and other disputed facts. 12. Bonnie Baril 414 Tincup Drive Gunnison, Colorado (970) 641-2407

Ms. Baril was the former Director of the Gunnison Public Library in 1988 and was the person who hired Plaintiff. 13. John Napier Address Unknown Crested Butte, Colorado 81224 (970) 349-7288

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Mr. Napier was a member of Friends of the Library, and may have knowledge and information regarding Plaintiff's employment and other disputed facts. 14. Susie Napier Address Unknown Crested Butte, Colorado 81224 (970) 349-7288

Ms. Napier is the wife of John Napier, and may have knowledge and information regarding disputed facts. 15. Cynthia Barnes, Esq. 540 So. Garfield Street Denver, Colorado 80209 (303) 765-2631

Ms. Barnes, an attorney, employed by CTSI (County Technical Services, Inc.), was contacted by Defendants before the termination of Plaintiff's employment, advised against it, and may have knowledge and information regarding other disputed facts. 16. Elise Brown Gunnison County 200 East Virginia Avenue Gunnison, Colorado 81230 (970) 641-5300

Ms. Brown was a member of Class/Comp Committee, and the Board of Trustees for the Gunnison County Public Library, and may have knowledge and information regarding Plaintiff's employment and other disputed facts, and may have knowledge of the facts and circumstances of the Board of Trustees involvement in Plaintiff's termination. 17. Polly Obersoler 1550 County Road 46 Gunnison, Colorado 81230-9519 (970) 641-6434

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Ms. Obersoler, a neighbor of Plaintiff's, may have knowledge and information regarding the effect of the termination on Plaintiff, and other disputed facts. 18. Marsha Cole 10 St. Andrews Circle Crested Butte, Colorado 81224-9635 (970) 349-5555

Ms. Cole, a neighbor of Plaintiff's, may have knowledge and information regarding the effect of the termination on Plaintiff, and other disputed facts. 19. David Justice Address Unknown Crested Butte, Colorado 81224 (970) 641-1962

Mr. Justice, a neighbor of Plaintiff's, may have knowledge and information regarding the effect of the termination on Plaintiff, and other disputed facts. 20. Lisa Hart P.O. Box 3007 Crested Butte, Colorado 81224

Ms. Hart was a patron of the Crested Butte Library who has information and knowledge regarding Plaintiff's management of the library. 21. Members of the Board of Trustees County of Gunnison Public Library Gunnison, Colorado

Current members include the following: Marsha Rose 505 E. Georgia Gunnison, Colorado 81230 (970) 641-5554 Carol Kennedy PO Box 1613 Gunnison, CO 81230 (970)641-0434 -13-

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Larry Meredith 116 Co. Rd 33 Gunnison, CO 81230 (970) 641-4019 Bruce Bartleson 216 W. Ruby Gunnison, CO 81230 (970) 641-2233 Marjorie O'Reilly PO Box 2839 Crested Butte, CO 81224 (970) 349-5021 The members of the Board of Trustees of the County of Gunnison may have knowledge and information regarding Plaintiff's employment and other disputed facts, and may have knowledge of the facts and circumstances of the Board of Trustees involvement in Plaintiff's termination. 22. Members of the Friends of the Library County of Gunnison Public Library Gunnison, Colorado Current members include the following: Walker Berkshire Sonda Donavan Pete Filippone Kathy Norgard Ken Reynolds Jill van Tiel All of the above in care of crested Butte Library, PO Box 791, Crested Butte, CO 81224 (970) 349-9296.

The members of the Friends of the Library of the County of Gunnison may have knowledge and information regarding Plaintiff's employment and other disputed facts, and may

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have knowledge of the facts and circumstances of the Friends of the Library's involvement in Plaintiff's termination. 23. Members of the Class/Comp Committee County of Gunnison Gunnison Colorado The members of the Class/Comp Committee of the County of Gunnison may have knowledge and information regarding Plaintiff's employment and other disputed facts, and may have knowledge of the facts and circumstances of the Board of Trustees involvement in Plaintiff's termination. 24. David Baumgarten, Esq., Gunnison County, County Attorney 200 East Virginia Avenue Gunnison, Colorado 81230 (970) 641-5300.

Mr. Baumgarten has knowledge and information regarding Plaintiff's employment with Gunnison County. If called, he will be called as an adverse witness. 25. William Crank 32966 J. Road Hotchkiss, CO 81419 (970) 872-7374

Mr. Crank was the former town manager of Crested Butte Colorado and has knowledge and information regarding Plaintiff's employment with Gunnison County and her performance in the Crested Butte Library. 26 27. Any witness identified by Defendants. Any witness necessary for impeachment or rebuttal. (3) deposition: None -15Witnesses where testimony is expected to be presented by means of a

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B.

Expert witnesses to be called by Plaintiff: (1) Witnesses who will be present at trial: a) James Evenson, Ph.D., will testify in person. Dr. Evenson will

offer testimony and opinions, including the basis therefore, as indicated in his report. (2) Witnesses who may not be present at trial: None (3) deposition: None C. Non-expert witnesses to be called by Defendant: (1) 1. Witnesses who will be present: Witnesses where testimony is expected to be presented by means of a

Mary Jo Laird, 112 Chekwa Trail, Gunnison, Colorado 81230, telephone

number unknown. Ms. Laird, the Plaintiff, will testify in person about the allegations within her Complaint as well as her alleged damages. 2. Peggy Martin, Gunnison County Public Library, 307 North Wisconsin,

Gunnison, Colorado 81230, telephone: (970) 641-3485. Ms. Martin, a Defendant, will testify in person regarding Plaintiff's employment with Gunnison County, the classification of the new position of Branch Manager, as well as Plaintiff's layoff from Gunnison County. 3. John DeVore, Gunnison County, County Manager, 200 East Virginia

Avenue, Gunnison, Colorado 81230, telephone: (970) 641-0248. Mr. DeVore, a Defendant, will testify in person regarding Plaintiff's employment with Gunnison County, the classification of the new position of Branch Manager, as well as Plaintiff's layoff from Gunnison County. 4. Debbie Moore, Gunnison County, 200 East Virginia Avenue, Gunnison,

Colorado 81230, telephone: (970) 641-0248. Ms. Moore will testify in person regarding -16-

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Plaintiff's employment with Gunnison County, the classification of the new position of Branch Manager, as well as Plaintiff's layoff from Gunnison County. 5. Carol Primus, Gunnison County, 200 East Virginia Avenue, Gunnison,

Colorado 81230, telephone: (970) 641-0248. Ms. Primus will testify in person regarding her employment with Gunnison County as well as her lack of knowledge regarding the creation of the position of Branch Manager for her benefit. (2) 1. Witnesses who may be present at trial: David Baumgarten, Esq., Gunnison County, 200 East Virginia Avenue,

Gunnison, Colorado 81230, telephone: (970) 641-0248. Mr. Baumgarten may testify in person regarding Plaintiff's employment with Gunnison County, the classification of the new position of Branch Manager, as well as Plaintiff's layoff from Gunnison County. 2. Bonnie Baril, Gunnison County, Library Director, 307 North Wisconsin,

Gunnison, Colorado 81230, telephone: (970) 641-3485. Ms. Baril, the former Library Director, may testify regarding Plaintiff's employment with Gunnison County. 4. Elise Brown, Gunnison County, 200 East Virginia Avenue, Gunnison,

Colorado 81230, telephone: (970) 641-5300. Ms. Brown may testify regarding Plaintiff's employment with Gunnison County and regarding the nature of an attempted interview by Alex Laird. 5. Cynthia Barnes, Esq., County Technical Services, 800 Grant Street,

Suite 400, Denver, CO 80203, telephone: (303)861-0507. Ms. Barnes may testify regarding the consultation she provided to Gunnison County regarding Plaintiff's layoff. 6. purposes. -17Any witness needed for authentication, impeachment, or rebuttal

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(3) deposition:

Witnesses where testimony is expected to be presented by means of a

None D. Expert witnesses to be called by Defendants: (1) 1. Witnesses who will be present at trial: Patrick Renfro, Rehabilitation Consulting Services, 1777 S. Bellaire

Street, Suite # 321, Denver, Colorado 80202, telephone: (720) 524-0256. Mr. Renfro will be called to testify in the area of vocational rehabilitation, specifically with regard to other employment available to Plaintiff in her commutable job market since being laid off by Gunnison County. Mr. Renfro will also be called to rebut the opinions of Plaintiff's expert, Dr. James Evenson. Mr. Renfro is expected to testify consistent with those opinions expressed in his expert report. 2. Ronald Koch, CPA, CVA, CFE, Karsh Consulting, P.C., 650 S. Cherry

St., Suite 115, Denver, Colorado 80246, telephone: (303) 825-1000. Mr. Koch will be called to testify in the area of economic loss appraisal, particularly with regard to Plaintiff's claim of economic damages. Mr. Koch will also be called to rebut the opinions of Plaintiff's expert, Dr. James Evenson. Mr. Koch is expected to testify consistent with those opinions expressed in his expert report. (2) Witnesses who may be present at trial: None. (3) deposition: None. -18Witnesses where testimony is expected to be presented by means of

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7. EXHIBITS a. Plaintiff's Tentative Exhibits: See Plaintiff's Exhibit List attached. Any exhibit identified by Defendant. Any exhibit necessary for impeachment or rebuttal b. Defendants' Tentative Exhibits:

EXHIBIT NO. A B

DESCRIPTION

STIPULATED

Gunnison County Personnel Policies (Gunnison.00099 ­ 00169) Gunnison County Personnel Rules Receipt and Acknowledgement in 1989(GUNNISON.00053) Gunnison County Personnel Rules Receipt and Acknowledgement in March of 1996(GUNNISON.00054) Gunnison County Personnel Rules Receipt and Acknowledgement in April of 1998 (GUNNISON.00055 ­ 00056) Gunnison County Personnel Rules Receipt and Acknowledgement in December of 2000 (GUNNISON.00057) Gunnison County Personnel Rules Receipt and Acknowledgement in July of 2001 (GUNNISON.00058) Gunnison County Personnel Rules Receipt and Acknowledgement in June of 2002 (GUNNISON.00059) Position description for Branch Librarian (GUNNISON.00206 ­ 00209) Position description for Branch Library Manager (GUNNISON.00199 ­ 00202) Gunnison County, Colorado Personnel Action Form dated May 6, 2002 (GUNNISON.00084) -19-

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K

Performance Review for Mary Jo Laird in June 2002 (GUNNISON.00027 ­ 00031) Gunnison County, Colorado Acknowledgement of Receipt of Personnel Policies dated September 17, 2002 (GUNNISON.00060) Letter from Peggy Martin to Jo Laird dated September 18, 2002 (GUNNISON.00013) "Jo Laird's Summarization of Events" (Deposition exhibit 15 from Plaintiff's deposition) Letter from Mary Jo Laird to John DeVore written on September 25, 2002 (GUNNISON.00010 ­ 00011) Letter from John DeVore to Mary Jo Laird dated September 30, 2002 (GUNNISON.00005 ­ 00006) Letter from Peggy Martin to Mary Jo Laird dated February 10, 2003 (GUNNISON.00012) In-house Gunnison County advertisement for new position (GUNNISON.00002) Thank You from Board of Trustees Gunnison County Public Library to Plaintiff (Plaintiff No. 1064) Confidential Employee History (GUNNISON.00091) Letter from Friends of the Library dated April 4, 2002 (Plaintiff No. 359) Memorandum from Debbie Moore to Peggy Martin dated May 16, 2002 (GUNNISON.00051) Memorandum created by Debbie Moore re: May 13, 2002 Class Comp Committee meeting (Plaintiff No. 413) Adams County Classification Specification (GUNNISON.00203) Pikes Peak Library District ­ Branch Manager (GUNNISON.00052)

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Gunnison County, Colorado Personnel Action Form dated September 18, 2002 (GUNNISON.00004) Gunnison County spreadsheet of employment information for Mary Jo Laird Curriculum Vitae of Patrick Renfro Curriculum Vitae of Ronald Koch Expert report of Ronald Koch (to include tables) Any exhibit needed for impeachment or rebuttal purposes Copies of listed exhibits must be provided to opposing counsel and any pro se party no

AA

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later than five days after the final pretrial conference. The objections contemplated by Fed. R. Civ. P. 26(a)(3) shall be filed with the clerk and served by hand delivery or facsimile no later than 11 days after the exhibits are provided. 8. DISCOVERY Discovery has been completed. 9. SPECIAL ISSUES None. 10. SETTLEMENT a. The settlement conference previously set in this matter was canceled at the

request of Defendants. Plaintiff made an offer of settlement to Defendants on February 3, 2006, to which Defendants have not responded. b. representatives. c. d. The parties were promptly informed of all offers of settlement. Counsel for the parties do not intend to hold future settlement conferences. -21The participants in the settlement conference, included counsel, and party

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e.

It appears from the discussion by all counsel that there is: No possibility of settlement, or even settlement discussions, until the

Court rules on the pending summary judgment motions. f. The date of the next settlement conference before the magistrate judge or

other alternative dispute resolution method. No further settlement conference has been set. g. Counsel for the Plaintiff was willing to participate in ADR, in accordance

with D.C.COLO.LCivR.16.6., through the medium of the above referred to settlement conference, but Defendants refused to participate. 11. OFFER OF JUDGMENT Counsel and any pro se party acknowledge familiarity with the provision of Rule 68 (Offer of Judgment) of the Federal Rules of Civil Procedure. Counsel have not discussed it with the clients against whom claims are made in this case as no offer of judgment has been made. 12. EFFECT OF FINAL PRETRIAL ORDER Hereafter, this Final Pretrial Order will control the subsequent course of this action and the trial, and may not be amended except by consent of the parties and approval by the court or by order of the court to prevent manifest injustice. The pleadings will be deemed merged herein. This Final Pretrial Order supersedes the Scheduling Order. In the event of ambiguity in any provision of this Final Pretrial Order, reference may be made to the record of the pretrial conference to the extent reported by stenographic notes and to the pleadings. 13. TRIAL AND ESTIMATED TRIAL TIME; FURTHER TRIAL PREPARATION PROCEEDINGS 1. 2. Trial is to a jury. Estimated trial time is 5 days. -22-

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3. Colorado. 4.

Situs of trial is in United States District Court, District of Colorado, Denver,

Any other orders pertinent to the trial proceedings: None DATED this 25th day of July, 2006.

BY THE COURT:

United States Magistrate Judge

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Case 1:04-cv-00687-PSF-BNB

Document 105

Filed 07/25/2006

Page 24 of 24

APPROVED: s/ Nathan Davidovich Nathan Davidovich Ronald H. Nemirow Stuart A. Jay KENNEDY, CHILDS & FOGG, P.C. 1050 17th Street, Suite 2500 Denver, Colorado 80265 Telephone: (303) 825-2700 Facsimile: (303) 825-0434 ATTORNEYS FOR PLAINTIFF

s/ Eric M. Ziporin Eric M. Ziporin, Esq. Senter Goldfarb & Rice, L.L.C. 1700 Broadway, Suite 1700 Denver, Colorado 80290 Telephone: 303-320-0509 Facsimile: 303-320-0210 ATTORNEYS FOR DEFENDANTS

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