Free Scheduling Order - District Court of Colorado - Colorado

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02435-PSF-PAC (consolidated with 04-cv-00639-PSF-PAC)

LILLIAN F. SANDLE, Plaintiff, v. ANTHONY J. PRINCIPI, Secretary of Veterans Affairs, Defendant,

and Consolidated Civil Action No. 04-cv-00639-PSF-PAC LILLIAN F. SANDLE, Plaintiff, v. ANTHONY J. PRINCIPI, ED SANCHEZ, RAYMOND DELUNA, and E. THORSLAND, JR. Defendants.

AMENDED SCHEDULING ORDER

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1. DATE OF CONFERENCE AND APPEARANCES OF COUNSEL AND PRO SE PARTIES Due to the unusual procedural nature of this case, no additional Rule 16 Scheduling Conference has been scheduled in this case. Pursuant to the Court' Order s dated December 20, 2005, the parties'proposed amended scheduling order is due no later than January 9, 2006. The following parties participated in preparation of the proposed amended scheduling order: Sean R. Gallagher Dugan W. Bliss Elizabeth K. Pietsch Hogan & Hartson LLP 1200 17th Street, Suite 1500 Denver, CO 80202-5835 Telephone: (303) 899-7300 Fax: (303) 899-7333 Counsel for Plaintiff Lillian F. Sandle Michael C. Johnson Assistant U.S. Attorney 1225 Seventeenth Street, 7th Floor Denver, Colorado 80202 Telephone: (303) 454-0134 Fax: (303) 454-0408 Counsel for Defendant Anthony J. Principi 2. a. STATEMENT OF CLAIMS AND DEFENSES

Plaintiff: This is an action brought by Ms. Sandle for damages, including

but not limited to front and back pay, and reinstatement resulting from violations of Title VII and the Rehabilitation Act. In particular, Defendant' retaliatory actions against Ms. s
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Sandle violated Title VII and the Rehabilitation Act. In addition, Defendant failed to appropriately and adequately accommodate Ms. Sandle' disability, in violation of 29 s C.F.R. § 1630. b. Defendant: Defendant denies that the Department of Veterans Affairs

(" VA" or any official or employee of the VA, discriminated against, retaliated against, ), or otherwise violated any of the plaintiff' rights under either the Rehabilitation Act or s Title VII of the Civil Rights Act of 1964, as amended. Defendant accommodated plaintiff' disability. Plaintiff cannot make out a prima facie case under either the s Rehabilitation Act or Title VII. Plaintiff has failed to timely exhaust her administrative remedies. Defendant had legitimate non-discriminatory and non-retaliatory reasons for all of its actions concerning the plaintiff. 3. UNDISPUTED FACTS

The following facts are undisputed: none. 4. Plaintiff: In 1991, Ms. Sandle was paid based on an annual salary of approximately $36,119.00. Ms. Sandle is seeking full and final judgment in her favor and against Defendant for actual damages, including but not limited to front pay and back pay for wages lost during her period of unemployment, attorneys'fees and costs, reinstatement, and such other and further relief as the Court may deem just and appropriate. Such front
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COMPUTATION OF DAMAGES

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pay would include COLA or cost-of-living increases, as well as prejudgment interest. Defendant: Defendant Anthony J. Principi seeks damages under its counterclaim in the amount of $66,600, plus interest. Defendant may also seek attorneys'fees and costs. Plaintiff opposes defendant' counterclaim. s 5. REPORT OF PRECONFERENCE DISCOVERY AND MEETING UNDER FED. R. CIV. P. 26(f)

a.

Date of rule 26(f) meeting:

A meeting pursuant to Rule 26(f) was held in this case on January 6, 2006. b. Names of each participant and party he/she represented.

Sean R. Gallagher, Dugan W. Bliss and Elizabeth K. Pietsch, counsel for plaintiff Lillian F. Sandle. Michael C. Johnson, Assistant U.S. Attorney, counsel for defendant Anthony J. Principi. c. Proposed changes, if any, in timing or requirement of disclosures under

Fed. R. Civ.P. 26(a)(l). Because of the peculiar procedural nature of this case, disclosures pursuant to Rule 26(a)(1) have already been made in this case. d. Statement as to when Rule 26(a)(l) disclosures were made or will be made.

Because of the peculiar procedural nature of this case, disclosures pursuant to Rule
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26(a)(1) have already been made in this case. e. Statement concerning any agreements to conduct informal discovery,

including joint interviews with potential witnesses, exchanges of documents, and joint meetings with clients to discuss settlement. If there is agreement to conduct joint interviews with potential witnesses, list the names of such witnesses and a date and time for the interview which has been agreed to by the witness, all counsel, and all pro se parties. The parties do not have any such agreements. 6. CONSENT

All parties have not consented to the exercise of jurisdiction of a magistrate judge. 7. a. CASE PLAN AND SCHEDULE

Deadline for Joinder of Parties and Amendment of Pleadings

The parties agree to join parties or amend their pleadings by January 20, 2006. b. Discovery Cut-off Date

Pursuant to the Court' December 20, 2005 Order, the discovery deadline is July s 23, 2006. c. Dispositive Motion Deadline

Pursuant to the Court' December 20, 2005 Order, the dispositive motions s deadline is August 25, 2006.

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d.

Expert Witness Disclosure (1) Ms. Sandle anticipates calling an expert regarding the reasonable

availability of nursing work not requiring lifting of patients or other heavy objects and Defendant' ability to accommodate Ms. Sandle' disability. Ms. Sandle also anticipates s s calling a damages expert. Defendant anticipates calling a vocational rehabilitation expert and an economics expert. (2) rebuttal experts). (3) The parties shall designate all experts and provide opposing counsel The parties agree to a limitation of 2 experts per side (exclusive of

and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before March 31, 2006. (4) The parties shall designate all rebuttal experts and provide opposing

counsel and any pro se party with all information specified in Fed. R. Civ P. 26(a)(2) on or before April 28, 2006. (5) Notwithstanding the provisions of Fed. R. Civ. P. 26(a)(2)(B), no

exception to the requirements of the rule will be allowed by stipulation of the parties unless the stipulation is approved by the court.

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e.

Deposition Schedule: Date of Deposition Time of Deposition Expected Length of Deposition

Name of Deponent

U.S. Department of Veterans Affairs (Rule 30(b)(6) deposition) Jane B. Sheldon Rebecca Williams Martha Weeks Jan Kost Dr. Robert Rondenelli Edward Sanchez Raymond Deluna Dr. Homer E. Olson Lillian Sandle

to be determined

9 a.m.

7 hours

to be determined to be determined to be determined to be determined to be determined

9 a.m. 9 a.m. 9 a.m. 9 a.m. 9 a.m.

7 hours 7 hours 7 hours 4 hours 4 hours

to be determined to be determined to be determined to be determined

9 am 9 am 9 am 9 am

4 hours 4 hours 4 hours 7 hours

Counsel have agreed on the foregoing deposition schedule and will continue to cooperate to set dates for the foregoing depositions and update the Court accordingly. In addition, counsel will cooperate going forward in the event that witnesses are unavailable on the dates assigned. Pursuant to the limitations articulated at the status conference with

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Magistrate Judge Patricia A. Coan on October 18, 2005, Ms. Sandle expressly agrees that she may be deposed again in this case. See Fed. R. Civ. P. 30(a)(2)(B). Defendant reserves the right to seek to depose plaintiff for a period of time in excess of seven hours given the significant number of additional claims added in plaintiff' Second Amended Complaint. If counsel are unable to resolve any dispute s about the length of the deposition, they shall conference call the court at 303-8444892. Interrogatory Schedule Interrogatories must be served no later than 33 days before the discovery cutoff. g. Schedule for Request for Production of Documents

Requests for Production of Documents and Requests for Admissions must be served no later than 33 days before the discovery cutoff. h. Discovery Limitation: (1) depositions: None. (2) depositions: Pursuant to Fed. R. Civ. P. 30(d)(2), depositions shall be limited to one day Any limits which any party wishes to propose on the length of Any limits which any party wishes to propose on the number of

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of seven (7) hours, with the exception that defendant reserves the right to seek to depose plaintiff for a period of time in excess of seven hours, given the significant number of additional claims added in plaintiff' Second Amended Complaint. s (3) Modifications which any party proposes on the presumptive numbers

of depositions or interrogatories contained in the federal rules: The parties propose that each side be limited to a total of 40 interrogatories concerning the claims and causes of action contained in plaintiff' Second Amended s Complaint. (4) Limitations which any party proposes on number of requests for

production of documents and/or requests for admissions. None. (5) Other Planning or Discovery Orders. None. 8. SETTLEMENT

The parties certify that, as required by Fed. R. Civ. P. 26(f), they attempted to settle the dispute. Initial settlement discussions were not successful. The parties remain open to further settlement discussions. 9. a. OTHER SCHEDULING ISSUES

A statement of those discovery or scheduling issues, if any, on which

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counsel, after a good-faith effort, were unable to reach an agreement. None. b. Anticipated length of trial and whether trial is to the court or jury.

Plaintiff states that, pursuant to the Court' Order filed December 20, 2005, a 10 s day jury trial is set for November 6, 2006, starting at 1:30 p.m. Defendant states that any trial in this matter must be a bench trial because the actions complained of by plaintiff occurred prior to Congress'amendment of Title VII. 10. DATES FOR FURTHER CONFERENCES

a. A settlement conference will be held on July 6, 2006 at 1:30 p.m. with Magistrate Judge Coan. If this date is inconvenient for either counsel, he/she shall conference call the court with opposing counsel to set another date. It is hereby ordered that all settlement conferences that take place before the magistrate judge shall be confidential. () (X ) Pro se parties and attorneys only need be present. Parties, attorneys, and client representatives with full authority to settle must be present. (NOTE: This requirement is not fulfilled by the presence of counsel. If an insurance company is involved, an adjustor authorized to enter into settlement must also be present.) (X) Each party shall submit a Confidential Settlement Statement to the magistrate judge at least 5 days prior to the Settlement Conference,

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outlining the facts and issues in the case, the strengths and weaknesses, and the party's settlement position. b. Status conferences will be held in this case at the following dates and times: None. c. A final pretrial conference will be held in this case on September 25, 2006

at 9:00 o'clock a.m. in Courtroom A-501. A Proposed Final Pretrial Order shall be prepared by the parties and submitted to the court via e-mail by September 18, 2006. 11. OTHER MATTERS

Defendant notes that plaintiff filed a Second Amended Complaint on November 9, 2005 in Civil Action No. 03-cv-2435-PSF-PAC. See Docket Entry No. 169 in Civil Action No. 03-cv-2435-PSF-PAC. The parties agree that this amended complaint is now the only existing complaint remaining with respect to both consolidated cases, i.e., Civil Action No. 03-cv-2435-PSF-PAC and Civil Action No. 04-cv-00639-PSF-PAC. The Second Amended Complaint filed November 9, 2005 identifies only one defendant, Anthony J. Principi. The parties further agree that no other complaint or amended complaint is now at issue in either case, nor is any other defendant other than defendant Anthony J. Principi a defendant in either case. In addition to filing an appropriate notice with the clerk's office, counsel must file a copy of any notice of withdrawal, notice of substitution of counsel, or notice of change

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of counsel's address or telephone number with the clerk of the magistrate judge assigned to this case. In addition to filing an appropriate notice with the clerk's office, a pro se party must file a copy of a notice of change of his or her address or telephone number with the clerk of the magistrate judge assigned to this case. With respect to discovery disputes, parties must comply with D.C.COLO.LCivR 7.1A. The parties filing motions for extension of time or continuances must comply with D.C.COLO.LCivR 6.1D. by submitting proof that a copy of the motion has been served upon the moving attorney's client, all attorneys of record, and all pro se parties. 12. AMENDMENTS TO SCHEDULING ORDER

This Scheduling Order may be altered or amended only upon a showing of good cause. DATED this _10th day of January 2006. BY THE COURT: s/Patricia A. Coan Patricia A. Coan United States Magistrate Judge

APPROVED:

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s/ Elizabeth K. Pietsch Sean R. Gallagher Elizabeth K. Pietsch Dugan W. Bliss Hogan & Hartson LLP 1200 17th Street, Suite 1500 Denver, CO 80202-5835 Telephone: (303) 899-7300 Fax: (303) 899-7333 Attorney for Plaintiff Lillian F. Sandle

s/ Michael C. Johnson Michael C. Johnson Assistant U.S. Attorney 1225 Seventeenth Street, 7th Floor Denver, Colorado 80202 Telephone: (303) 454-0134 Fax: (303) 454-0408 Attorney for Defendant Anthony J. Principi

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