Free Scheduling Conference - District Court of Colorado - Colorado

Case 1:04-cv-00667-WDM-CBS

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Filed 06/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer

Civil Action No.: 04-cv-00667-WDM-CBS FTR - Reporter Deck, Crtrm A402 (Consolidated with 04-cv-02507-WYD-CBS) Date: June 28, 2005 Courtroom Deputy, Ellen E. Miller

LINE-TEXT INTERNATIONAL, a California partnership, and EMPAQUES PLEGADIZOS MODERNOS S. A. de C.V., a Mexican corporation Plaintiff(s), v. WESTERN SLOPE INDUSTRIES, INC., a Colorado corporation Defendant(s).

Stephen B. Morris

Dennis E. Baker

COURTROOM MINUTES HEARING: RULE 16 SCHEDULING AND PLANNING CONFERENCE Court in Session: 9:54 a.m. Court calls case. Appearance of counsel. Counsel advise the Court of various issues involving the progress of this case. Originally, on April 05, 2004, Western Slope Industries filed a lawsuit in USDC against an erroneously named defendant Line-Text International, Inc. Case 04-cv-00667-WDM-CBS was created. The corporation known as Line-Text International, Inc. was not the correct Defendant. The correct defendant' name was Line-Text International. Line-Text International is a California s partnership, not the same as the corporation. On December 06, 2004, Line-Text International, a California partnership... filed a Complaint in USDC and case 04-cv-02507-WYD-PAC was created. Western Slope Industries was named as the defendant.

On December 14, 2004, Judge Miller issued an Order consolidating the two cases under the lower

Case 1:04-cv-00667-WDM-CBS

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case number -00667. On April 14, 2005, Western Slope Industries filed its Answer and Counterclaim, with the understanding it was now the Defendant in case 04-cv-00667-WDM-CBS. The parties agree that the claims in 04-cv-00667 should be dismissed and that they wish to go forward with the claims filed in 04-cv-02507 only. Consistent with Judge Miller' Order of December 14, 2004, consolidating the cases, s It is ORDERED: The parties understand and the Court directs the operative case number shall be 04-cv-00667-WDM-CBS,

It is ORDERED:

The Clerk of the Court shall realign the parties under this case number so the caption reads LINE-TEXT INTERNATIONAL, a California partnership, EMPAQUES PLEGADIZOS MODERNOS S.A de C.V., a Mexican corporation, Plaintiff(s)/Counterclaim Defendant(s) v. WESTERN SLOPE INDUSTRIES, INC., a Colorado corporation, Defendant(s)/Counterclaimant(s).

Counsel advise the Court that in -00667, Western Slope Industries had taken a Default against Line-Text, and in -02507 Line-Text had taken a Default against Western Slope Industries. The parties agree that all Defaults in these cases are moot and should be withdrawn so the case will proceed on its merits The Court directs that all entries of default are to be set aside.

Parties have held a Rule 26(f) meeting and Rule 26(a) disclosures have been fulfilled.
THE FOLLOWING WILL CONFIRM THE ACTIONS TAKEN AND DATES SET AT THE SCHEDULING CONFERENCE HELD THIS DATE. DEADLINES:

Deadline for Amendment of pleadings / Joinder of parties is: Discovery Cut-off is OCTOBER 28, 2005 NOVEMBER 28, 2005

AUGUST 12, 2005

Dispositive Motions deadline is

The parties anticipate NO expert witnesses.

Interrogatories, Requests for Production of Documents, and Requests for Admissions shall be served no later than SIX WEEKS prior to close of discovery.

Case 1:04-cv-00667-WDM-CBS

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Each party shall be limited to SIX Requests for Production, and SIX Requests for Admission.
Each party shall be limited to TEN Depositions, absent leave of court.

No STATUS CONFERENCE is set at this time. Counsel are instructed that should a discovery dispute arise they are to comply with Local Rule 7.1(a) in an effort to resolve the issues. If that is unsuccessful, counsel shall establish a conference call adding Magistrate Judge Shaffer as the last connection. The Court will hear arguments and attempt to mediate a resolution. The Court will instruct counsel at that time as to whether or not to file a discovery motion. Counsel may not file any OPPOSED discovery motions without leave of court.

SETTLEMENT CONFERENCE is set : SEPTEMBER 14, 2005 at 9:30 a.m. Attorney(s) and Client(s)/Client Representative(s), including an adjustor if an insurance company is involved, with full settlement authority are to be present in person for the Settlement Conference. Each party shall submit an Updated Confidential Settlement Statement to Magistrate Judge Shaffer on or before SEPTEMBER 08, 2005 outlining the facts and issues in the case and the party' s settlement position. In addition, each party shall disclose what it is willing to offer or accept in settlement.

The brief Updated Settlement Statements shall be sent via e-mail in a PDF format to [email protected] ALL additional settlement material (i.e. deposition transcripts, documents) shall be submitted to the court as hard copies. Counsel shall indicate in their e-mail if they are submitting additional information for the Court to read. ALL hard copy materials must be submitted in packaging labeled PERSONAL AND CONFIDENTIAL.
FINAL PRETRIAL CONFERENCE is set: MARCH 09, 2006 at 9:30 a.m. Final Pretrial Order is due no later than FIVE DAYS before the Final Pretrial Conference (See the court' website for Instructions for Preparation and Submission) s TRIAL: The parties anticipate a FIVE DAY Bench Trial.

Scheduling Order submitted June 22, 2005, is NOT signed.

The parties shall have TEN DAYS to submit their Proposed Amended Scheduling Order. The parties shall comply with D.C.COLO.L.CivR 10.1. HEARING CONCLUDED. Court in recess: 10:20 a.m. Total In-Court Time: 00:24