Free Pretrial Conference - Final - District Court of Colorado - Colorado

Case 1:04-cv-00074-MSK-CBS

Document 45

Filed 06/27/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U.S. Magistrate Judge Craig B. Shaffer Civil Action: 04-cv-00074-MSK-CBS Date: June 27, 2005 FTR - Reporter Deck Courtroom A402 Ellen E. Miller, Courtroom Deputy

JIMMY L. STROZIER, Plaintiff(s), v. UNITED STATES POSTAL SERVICE, JOHN E. POTTER, Postmaster General, Defendant(s).

Pro Se

Elizabeth A. Weishaupl

COURTROOM MINUTES HEARING: FINAL PRETRIAL CONFERENCE Court in session: 10:00 a.m.

Court calls case. Appearance of Pro Se Plaintiff and counsel for Defendants. Also present is M. Terry Clark counsel with the United States Postal Service Law Department. Discussions are held with Mr. Strozier regarding the various modifications the Court makes to the Proposed Final Pretrial Order. The Court modifies the language on page 2 to more correctly state that " ...plaintiff alleges that ..." rather than the use of the word " concedes" . The Court STRIKES Item 7 " Interim relief" under the Plaintiff' request for relief. s The Court STRIKES the sentence from Item 8. " Immediate retirement from the U.S. Postal Service with 100% of base pay." Discussion is held regarding the list of Plaintiff' Witnesses. It is noted Mr. Strozier lists s Velma Campbell, Melinda Mitchell, and Sarah Kelly as Expert Witnesses in this Proposed Pretrial Order. Defendants note Mr. Strozier had provided no timely expert disclosure. The Court will allow Defendants to file an appropriate Motion if they feel that is the best course of action. The Court STRIKES the sentence " There are no expert witnesses who may be present at trial for the plaintiff." Item 2. on page 10. Discussion is held regarding Plaintiff' Exhibits. s

Case 1:04-cv-00074-MSK-CBS

Document 45

Filed 06/27/2005

Page 2 of 2

The Court STRIKES Plaintiff' Exhibits 10, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, s 24, 25, 27, and 35. The Court notes it is striking these various Exhibits listed in the Proposed Pretrial Order as most appear to deal with the law or other reported cases. Mr. Strozier indicates he understands that the jury will look to Judge Krieger as to the applicable law in this case. Also, some exhibits appear to be hearsay, i.e Exhibit 20. Also, some exhibits consist of request for production filed in an Administrative Action and the relevance to this case is not seen by the Court, i.e. Exhibit 27. The Court reminds Mr. Strozier the Trial in this matter is set September 12, 2005, and suggests Mr. Strozier visit a trial before The Honorable Marcia S. Krieger to observe correct conduct and procedures during a trial.

It is ORDERED:

Plaintiff shall submit a REVISED EXHIBIT LIST no later than JULY 06, 2005.

The Court will hold the PROPOSED FINAL PRETRIAL ORDER and anticipates signing it upon receipt of the Plaintiff' Revised Exhibit List. s

It is ORDERED:

The parties shall file UPDATED CONFIDENTIAL SETTLEMENT STATEMENTS with Magistrate Judge Shaffer no later than JULY 11, 2005.

The Court will assess the parties respective settlement positions and determine whether or not a Settlement Conference might be beneficial. The Court will set a Settlement Conference by Minute Order if it deems one would be productive.

HEARING CONCLUDED. Court in recess: 10:50 a.m. Total In-Court Time: 00:50