Free Scheduling Order - District Court of Colorado - Colorado

Case 1:03-cv-02435-PSF-PAC

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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

1. DATE OF CONFERENCE AND APPEARANCES OF COUNSEL AND PRO SE PARTIES A status and scheduling conference was held on October 18, 2005. Due to the unusual procedural nature of this case, the October 18, 2005 status conference with

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Magistrate Judge Patricia A. Coan functioned as the parties' Rule 26(f) meeting. Pursuant to the Courtroom Minutes/Minute Order issued by Magistrate Judge Patricia A. Coan on October 18, 2005 (" Minute Order" no additional rule 26(f) meeting has been scheduled. ), Sean R. Gallagher and Elizabeth K. Pietsch Hogan & Hartson LLP 1200 17th Street, Suite 1500 Denver, CO 80202 Telephone: (303) 899-7300 Fax: (303) 899-7333 Counsel for Plaintiff Lillian F. Sandle Michael C. Johnson Assistant U.S. Attorney 1225 17th Street, 7th Floor Denver, CO 80202 Telephone: (303) 454-0134 Fax: (303) 454-0408 Counsel for Defendant Anthony J. Principi 2. STATEMENT OF CLAIMS AND DEFENSES a. 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. Sandle s 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. Defendants:

Defendant denies that the Department of Veterans Affairs (" VA" or any official ),

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or employee of the VA, discriminated against, retaliated against, or otherwise violated any of the plaintiff' rights under either the Rehabilitation Act or Title VII of the Civil Rights s Act of 1964, as amended. Defendant accommodated plaintiff' disability. Plaintiff cannot s make out a prima facie case under either the Rehabilitation Act or Title VII. Plaintiff has failed to timely exhaust her administrative remedies. Defendant had legitimate nondiscriminatory and non-retaliatory reasons for all of its actions concerning the plaintiff. 3. UNDISPUTED FACTS The following facts are undisputed: none. 4. COMPUTATION OF DAMAGES 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 pay would include COLA or cost-of-living increases, as well as prejudgment interest. Defendant: Defendant Anthony J. Principi does not currently seek damages, although defendant may seek attorneys'fees and costs. In addition, defendant reserves the right to seek damages for any crossclaims or counterclaims that may be asserted. 5. REPORT OF PRECONFERENCE DISCOVERY AND MEETING UNDER FED. R. CIV. P. 26(f) a. Date of rule 26(f):

Due to the October 18, 2005 status conference and the Minute Order, no

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additional 26(f) meeting was held in this case. b. Names of each participant and party he/she represented.

See p. 1. 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, the timing of and requirements for discovery are set forth in the October 18, 2005 Minutes/Minute Order. d. Statement as to when Rule 26(a)(l) disclosures were made or will be made.

The parties have previously made Rule 26(a)(1) disclosures. Supplemental disclosures may be made in accordance with Rule 26(e), Fed.R.Civ.P. 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. CASE PLAN AND SCHEDULE a. Deadline for Joinder of Parties and Amendment of Pleadings

The parties agree to join parties or amend their pleadings by December 1, 2005. b. Discovery Cut-off Date

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Dscovery shall be completed by January 16, 2006. c. Dispositive Motion Deadline Dispositive motions shall be filed by February 15, 2006; Responses by March 6, 2006; Replies by March 17, 2006. 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. s Sandle' disability. s Defendant anticipates calling a vocational rehabilitation expert, and an economics expert. (2) The parties agree to a limitation of 2 experts per side (exclusive of rebuttal experts). (3) The parties shall designate all 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 December 16, 2005. (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 January 6, 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: Expected January 16, 7 hours 7 hours 7 hours 4 hours 4 hours 4 hours 4 hours 4 hours 4 hours 7 hours

Name of Deponent Date of Deposition Time of Deposition Length of Deposition U.S. Department of Veterans Affairs (Rule 30(b)(6) deposition) 2006 9 a.m. 7 hours Jane B. Sheldon Dec/Jan 2006 9 a.m. Rebecca Williams Dec/Jan 2006 9 a.m. Martha Weeks Dec/Jan 2006 9 a.m. Jan Kost Dec/Jan 2006 9 a.m. Dr. Robert Rondenelli Dec/Jan 2006 9 a.m. Dr. Steve Obler Dec/Jan 2006 9 am Edward Sanchez Dec/Jan 2006 9 am Raymond Deluna Dec/Jan 2006 9 am Dr. Homer E. Olson Dec/Jan 2006 9 am Lillian Sandle Dec 2006 9 am

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 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). f. Interrogatory Schedule

The parties shall answer written discovery within twenty (20) days of service. The parties agree that interrogatories must be served no later than 23 days before the discovery cutoff. g. Schedule for Request for Production of Documents

The parties shall answer written discovery within twenty (20) days of service. The parties agree that Requests for Production of Documents and Requests for Admissions must be served no later than 23 days before the discovery cutoff. h. Discovery Limitation:

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(1) depositions. None. (2) depositions.

Any limits which any party wishes to propose on the number of

Any limits which any party wishes to propose on the length of

Pursuant to Fed. R. Civ. P. 30(d)(2), depositions shall be limited to one day of seven (7) hours. (3) Modifications which any party proposes on the presumptive

numbers of depositions or interrogatories contained in the federal rules. None. (4) Limitations which any party proposes on number of requests for

production of documents and/or requests for admissions. 15 interrogatories and 15 requests for production of documents will be alloweed for each side. (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 and a settlement conference with Magistrate Judge Coan is set for January 23, 2006 at 1:30 pm. Valid current photo identification is needed for courthouse access. 9. OTHER SCHEDULING ISSUES a. A statement of those discovery or scheduling issues, if any, on which

counsel, after a good-faith effort, were unable to reach an agreement.

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None. b. Anticipated length of trial and whether trial is to the court or jury.

Ms. Sandle states that, pursuant to the Minute Order, a 10 day jury trial is set for May 8, 2006, starting at 1:30 pm on the first day before Judge Figa. 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 January 23, 2006 at 1:30 p.m.

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. Pro se 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 on or before January 19, 2006 outlining the facts and issues in the case 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 March 27, 2006 at 10:00 o'clock a.m. A Proposed Final Pretrial Order in Judge Figa's format, see Judge Figa's trial procedures on the Court's website, shall be prepared

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by the parties and submitted to the court on or before March 23, 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. This amended complaint is now the only existing complaint remaining with respect to both consolidated cases, i.e., Civil Action No. 03-cv2435-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. 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 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

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This Scheduling Order may be altered or amended only upon a showing of good cause. DATED this 15th day of November 2005.

BY THE COURT: s/Patricia A. Coan Patricia A. Coan United States Magistrate Judge APPROVED:

s/ Elizabeth K. Pietsch _____________________________________ Sean R. Gallagher Elizabeth K. Pietsch HOGAN & HARTSON LLP 1200 17th Street, Suite 1500 Denver, CO 80202 Telephone: (303) 899-7300 Fax: (303) 899-7333 Attorneys for Plaintiff Lillian F. Sandle s/ Michael C. Johnson ______________________________________ Michael C. Johnson Assistant U.S. Attorney 1225 17th Street, 7th Floor Denver, CO 80202 Telephone: (303) 454-0134 Fax: (303) 454-0408 Attorneys for Defendant Anthony J. Principi