Free Motion for Hearing/Conference - District Court of Colorado - Colorado

Case 1:03-cv-02422-WDM-OES

Document 100

Filed 09/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2422-WDM-OES LUTHER EARL MADRY, JR., Plaintiff, v. LISA PICKERING, GILBERT J. LADRINI, JR., JEFFERY MAIZE, and DANIEL ANDERSON, Defendants.

MOTION TO SET HEARING REGARDING SCHEDULING ORDER ______________________________________________________________________________ Defendants, LISA PICKERING, GILBERT J. LADRINI, JR., JEFFERY MAIZE, and DANIEL ANDERSON ("Defendants"), by their attorneys, THOMAS S. RICE and GILLIAN FLENER of the law firm SENTER GOLDFARB & RICE, L.L.C., and pursuant to the Court's Order of August 24, 2005 [Dkt. # 99], hereby move this Court to set a hearing regarding the Scheduling Order in this matter. AND AS GROUNDS THEREFOR, Defendants state as follows: 1. In its Order of August 24, 2005, the Court stated that "[i]f problems arise in

preparing and submitting the Scheduling Order, Ms. Flener is granted leave to contact the Court, and a hearing will be set to resolve the issues." See, Dkt. # 99. Accordingly, the conferral requirement set forth in D.C.COLO.LCivR 7.1(A) is inapplicable. Furthermore, conferral would be futile as the Parties have now appeared before the Court on multiple occasions to address this

Case 1:03-cv-02422-WDM-OES

Document 100

Filed 09/08/2005

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particular issue, namely, Plaintiff's failure to provide appropriate submissions to the proposed Scheduling Order and comply with the Court's Orders regarding same. 2. The Court's Order of August 24, 2005 provides that "Plaintiff shall reduce his

submitted Scheduling Order as stated on the record and provide the changes, in writing to Ms. Flener no later than September 1, 2005." Specifically, Plaintiff was ordered to provide a concise statement of all of his claims in compliance with the Rules regarding the preparation of a Scheduling Order, including the elimination of frivolous claims. Plaintiff was also ordered to provide a computation of damages, including a theory for calculating damages as set forth in the Rules regarding same. 3. On September 1, 2005, Plaintiff faxed to the undersigned a document entitled

"Motion for Compensation of Pain and Suffering." This document presents two issues: (1) it is not in compliance with Appendix F of the Local Rules concerning the proper format for a Scheduling Order; and (2) it is unclear whether Plaintiff intends this document to be his computation of damages or whether Defendants must file a Response to same. Either way, Plaintiff still has not complied with the Court's multiple Orders regarding preparation of a Scheduling Order. Furthermore, Plaintiff has still failed to provide a concise statement of his claims. Accordingly, Defendants respectfully request that this Court set a hearing regarding the Scheduling Order.

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Case 1:03-cv-02422-WDM-OES

Document 100

Filed 09/08/2005

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WHEREFORE, Defendants respectfully request that this Court set a hearing regarding the Scheduling Order. Respectfully submitted,

s/ Gillian Flener Gillian Flener Senter Goldfarb & Rice, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: (303) 320-0509 FAX: (303) 320-0210 E-mail: [email protected] Attorney for Defendants

CERTIFICATE OF MAILING I HEREBY CERTIFY that on this 8th day of September, 2005, a true and correct copy of the above and foregoing MOTION TO SET HEARING REGARDING SCHEDULING ORDER was filed with the Clerk of Court using the CM/ECF system and was placed in the U.S. Mail, first class postage pre-paid, addressed to: Luther Earl Madry, Jr., Pro Se 13613 East Nevada Place Aurora, CO 80012

s/ Stephanie Nelson Stephanie Nelson E-mail: [email protected] Secretary for Attorney Gillian Flener

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