Free Order - District Court of Colorado - Colorado

Case 1:03-cv-02319-WDM-MJW

Document 280

Filed 09/19/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, v. CMI, et al., Defendants. MINUTE ORDER Entered by U.S. Magistrate Judge Michael J. Watanabe Pro Se Plaintiff Wallin filed with this court a Proposed Final Pretrial Order (docket no. 279). The parties were directed by this court at the Final Pretrial Conference held on September 9, 2006, to file a corrected Final Pretrial Order consistent with the corrections made of record on September 9, 2006, by September 19, 2006, nunc pro tunc to September 9, 2006. At the Final Pretrial Conference, the Pro Se Plaintiff was directed by this court to provide to Defendants' counsel his input and information concerning his claims and defenses, witnesses and exhibits so that such information could be included in the Final Pretrial Order. The Defendants were then to insert the Pro Se Plaintiff' information into the Final Pretrial Order and resubmit s the corrected Final Pretrial Order via e-filing to this court by September 19, 2006, nunc pro tunc September 9, 2006. See record of court proceedings dated September 9, 2006, before Magistrate Judge Watanabe. Instead, the Pro Se Plaintiff filed with the court his Proposed Final Pretrial Order (docket no. 279) which is in violation of this court' order to the Pro Se Plaintiff on September 9, 2006. The Pro Se Plaintiff has s failed to comply with this court' order of September 9, 2006. Accordingly, the Pro Se s Plaintiff' Proposed Final Pretrial Order (docket no. 279) is STRICKEN. s It is ORDERED that the Pro Plaintiff shall provide to the below listed defendants' counsel: (1) a written narrative concerning his claims and defenses to be included into the Final Pretrial Order, (2) the names, addresses, telephone numbers and a brief description of each witness' testimony that the Pro Se Plaintiff will call or may call at trial to be included in the Final Pretrial Order, and (3) an itemized list of each exhibit that the Pro Se Plaintiff intends to use at trial and a copy of each exhibit to be included into the Final Pretrial Order. The above input and information shall be sent to Defendants' counsel, Steven J. Wienczkowski and Scott S. Nixon, at Pryor Johnson Carney Karr & Nixon, 5619 DTC Parkway, Suite 1200, Greenwood Village, Colorado 80111 and also to Defendants' counsel, Billy-George Hertzke and Jennifer M. Palmer,

Case 1:03-cv-02319-WDM-MJW

Document 280

Filed 09/19/2006

Page 2 of 2

at Senter, Goldfarb & Rice, 1700 Broadway, Suite 1700, Denver, Colorado 80290, on before September 29, 2006. The Defendants' counsel shall incorporate the Pro Se Plaintiff' above input and information into the Final Pretrial Order and submit the s corrected Final Pretrial Order to the court or on before October 6, 2006, nunc pro tunc September 9, 2006. It is FURTHER ORDERED that failure by the Pro Se Plaintiff to provide the above input and information to the Defendants' counsel timely, may result in sanctions, including but not limited to, striking of the Pro Se Plaintiff' witnesses and exhibits at s trial and/or dismissal of the Pro Se Plaintiff' case. s Date: September 19, 2006

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