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D ISTRICT C OURT , W ELD C OUNTY , C OLORADO
901 9th Avenue, P.O. Box 2038, Greeley, CO 80632
(970) 475-2400 DATE FILED: May 9, 2023 3:55 PM
CASE NUMBER: 2023CV30338
Plaintiff(s): K6 Holdings, LLC
v. ▲COURT USE ONLY▲
Defendant(s): Total Directional Services, LLC Case No. 23CV30338
Division: 4
Civil Case Procedures Order
These procedures apply to all civil cases filed in Weld County District Court. All
counsel and unrepresented parties are expected to comply with the provisions and
deadlines set below. Please read this Order carefully.
1. Case Management Deadlines:
A. Service of Process: Returns of service for all defendants must be filed within
63 days after the date of the filing of the complaint. Failure to comply with
this deadline may result in the case being dismissed under C.R.C.P. 4(m).
B. Default Judgment: Application for default judgment (or for entry of default if
another defendant has filed an answer) must be filed within 21 days after
default has occurred and must comply with C.R.C.P. 55 and 121, § 1-14.
C. Trial Setting:
(1) For a case governed by C.R.C.P. 16, a trial setting must be obtained no
later than 42 days after the case is at issue, using the procedures in
C.R.C.P. 121, § 1-6. The case management conference must be held no
later than 49 days after the case is at issue, as required by C.R.C.P.
16(d)(1). The responsible attorney must file and serve a notice to set the
case management conference no later than 7 days after the case is at
issue. The proposed case management order is due no later than 7 days
before the conference.
(a) The responsible attorney means plaintiff’s counsel, unless the
plaintiff is not represented by counsel, in which case it means the
defense counsel who first enters an appearance in the case.
(b) A case is deemed at issue when all parties have been served and all
pleadings permitted by C.R.C.P. 7 have been filed, or when
defaults or dismissals have been entered against all non-appearing
parties, or at such other time as the court may direct.
(2) For a case governed by Simplified Procedure under C.R.C.P. 16.1, the
responsible attorney must set the case for trial no later than 42 days
after the case is at issue, unless otherwise ordered by the court, using
the procedures in C.R.C.P. 121, § 1-6. The same definitions for
responsible attorney and at issue above apply.
(3) Unless the parties encounter difficulties in setting trial or other dates,
settings are conducted by telephone and do not require a court
appearance. As required by C.R.C.P. 121, § 1-6, a notice to set must be
filed with the court and the parties must follow those procedures. To
reach the division in which your case has been assigned, please call
during division setting times between the hours of 8:30 a.m. and 10:00
a.m. on Tuesdays and Thursdays:
(a) Division 1: (970) 475-2510
(b) Division 3: (970) 475-2530
(c) Division 4: (970) 475-2540
D. A District Court Civil Cover Sheet (JDF 601) must be filed with all civil
complaints. Failure to file a civil cover sheet that complies with C.R.C.P.
16.1(d) will result in the case being governed by the case management
procedures outlined in C.R.C.P. 16.1.
2. Settlement Plan Deadlines:
A. For all civil cases, a plan for settlement, as required by C.R.C.P. 16(b)(7) and
§§ 13-22-311 & -313, C.R.S., must be submitted using the procedures
outlined below.
B. No later than 35 days after the case is at issue, the parties shall explore the
possibility of a prompt settlement or resolution of the case.
Civil Case Procedures Order
Page 2 of 6
C. No later than 42 days after the case is at issue, the parties shall submit a
document entitled, Stipulated Plan Regarding Settlement, setting forth their
plans for future efforts to settle the case. Unless notified otherwise by the
court, the Stipulated Plan Regarding Settlement is automatically adopted as an
order of the court.
D. The Stipulated Plan Regarding Settlement (ADR Plan) must include the
following:
(1) Specification of the selected form of ADR. The parties may select any
form of ADR defined in § 13-22-302, C.R.S.
(2) Designation of a provider who has been contacted and has agreed to
provide ADR services to the parties. The parties may select any
provider available in the community including Office of Dispute
Resolution (ODR). ODR offers moderately-priced mediation and other
ADR services. ODR can be contacted at www.ColoradoODR.org or call
720-625-5933.
E. If no stipulated plan is submitted within 42 days after the case is at issue,
the court will order that the parties must participate in mediation with
ODR no later than 63 days before the trial date.
F. Failure to comply with these procedures may result in sanctions including,
but not limited to, loss of the trial date.
G. The parties must then certify in the proposed trial management order (due
28 days before trial) that they have complied with the Stipulated Plan
Regarding Settlement or have completed mediation through ODR.
3. Discovery Disputes:
A. Consistent with C.R.C.P. 16(b)(14), the court requires discovery motions to
be presented orally, without written motions or briefs.
B. Counsel and unrepresented parties are expected to first confer about any
discovery dispute in a meaningful way—preferably by telephone or in
person—to try to resolve the dispute. An exchange of e-mails that simply
identifies the dispute—but does not include an attempt to reach a
reasonable compromise—does not qualify as a meaningful conferral.
Civil Case Procedures Order
Page 3 of 6
C. If conferral does not resolve the dispute, then a party may set a telephone
hearing with the division assigned to the case. The court will set this
hearing as quickly as possible—within a week or less, depending on
availability in the court’s docket.
D. No later than 3 p.m. on the day before the telephone hearing, the parties
may file with the court (with service on all other parties) a letter of no more
than two pages that explains the dispute and provides citations to any
critical cases or other legal authority. If necessary to develop the record for
any findings the court might have to make, the parties may also submit
exhibits. Multiple-page exhibits must be highlighted so that the pertinent
information is easily identified.
4. Motions:
A. If a motion is unopposed, as required by C.R.C.P. 121, § 1-15(9), the
motion’s title must include the designation, unopposed.
B. As required by C.R.C.P. 121, § 1-15(10), a proposed order must accompany
every motion.
C. As provided by C.R.C.P. 121, § 1-15(1)(d), a motion shall not be included in
a response or reply and any attempt to do so will be routinely and
summarily ignored by the court.
D. The parties must comply with the formatting requirements imposed by
C.R.C.P. 10(d) and the page limits imposed by C.R.C.P. 121, § 1-15(1)(a).
The court reserves the right to strictly enforce these page limits unless prior
permission has been obtained to exceed them. Depending on the
circumstances—including the nature of the violation, the issues involved,
and the implications for the parties’ substantive rights—the court may
choose to consider only that portion of a motion or brief that complies with
these page limits and ignore the rest; or the court may choose to strike the
entire motion or brief; or the court may fashion some other appropriate
remedy.
E. As required by C.R.C.P. 121, § 1-15(8), a certificate of conferral must be
included at the beginning of all motions that certifies the movant has
conferred in good faith with opposing counsel and with any self-
represented party about the relief being sought in the motion. Attempts to
Civil Case Procedures Order
Page 4 of 6
confer with opposing parties less than 24 hours before a motion is filed,
followed by “no response,” is not a good-faith effort.
5. Court Interpreters:
A. As discussed in Chief Justice Directive 06-03, the court will provide an
interpreter during court proceedings for a party to a case; a victim; a
witness; the parent, legal guardian, or custodian of a minor party; and the
legal guardian or custodian of an adult party, if such person has limited
English proficiency. A court proceeding for which an interpreter will be
provided includes any hearing, trial or other appearance before the court.
B. If an interpreter is required for this case, the attorney or unrepresented
party shall notify the court in writing at least 28 days before the court
proceeding and specify the language being requested (e.g., Spanish). If a
party has requested an interpreter and it turns out an interpreter is not
needed (e.g., the case is continued or a settlement is reached), that party
must notify the court. Notification that an interpreter is no longer needed
must be provided to the court at least 72 hours before the scheduled court
proceeding.
6. Miscellaneous:
A. The plaintiff shall send a copy of this Order to all other parties who enter
an appearance and shall file a certificate of mailing within 14 days
following the entry of appearance on behalf of another party.
B. As required by C.R.C.P. 121, § 1-9, any attorney entering an appearance in
this case who is aware of a related case is ordered to complete and file a
document entitled, “Information Regarding Case(s),” to inform the court of
the related case(s) and stating whether consolidation is appropriate.
7. Sanctions: If an attorney or unrepresented party fails to comply with this
Order, the court may impose sanctions as appropriate under the circumstances.
Civil Case Procedures Order
Page 5 of 6
So Ordered: BY THE COURT:
May 9, 2023
______________________
Julie C. Hoskins
Chief Judge, 19th Judicial District
______________________ ______________________
Todd Taylor Shannon Lyons
District Court Judge District Court Judge
Civil Case Procedures Order
Page 6 of 6
Preview
D ISTRICT C OURT , W ELD C OUNTY , C OLORADO 901 9th Avenue, P.O. Box 2038, Greeley, CO 80632 (970) 475-2400 DATE FILED: May 9, 2023 3:55 PM CASE NUMBER: 2023CV30338 Plaintiff(s): K6 Holdings, LLC v. ▲COURT USE ONLY▲ Defendant(s): Total Directional Services, LLC Case No. 23CV30338 Division: 4 Civil Case Procedures Order These procedures apply to all civil cases filed in Weld County District Court. All counsel and unrepresented parties are expected to comply with the provisions and deadlines set below. Please read this Order carefully. 1. Case Management Deadlines: A. Service of Process: Returns of service for all defendants must be filed within 63 days after the date of the filing of the complaint. Failure to comply with this deadline may result in the case being dismissed under C.R.C.P. 4(m). B. Default Judgment: Application for default judgment (or for entry of default if another defendant has filed an answer) must be filed within 21 days after default has occurred and must comply with C.R.C.P. 55 and 121, § 1-14. C. Trial Setting: (1) For a case governed by C.R.C.P. 16, a trial setting must be obtained no later than 42 days after the case is at issue, using the procedures in C.R.C.P. 121, § 1-6. The case management conference must be held no later than 49 days after the case is at issue, as required by C.R.C.P. 16(d)(1). The responsible attorney must file and serve a notice to set the case management conference no later than 7 days after the case is at issue. The proposed case management order is due no later than 7 days before the conference. (a) The responsible attorney means plaintiff’s counsel, unless the plaintiff is not represented by counsel, in which case it means the defense counsel who first enters an appearance in the case. (b) A case is deemed at issue when all parties have been served and all pleadings permitted by C.R.C.P. 7 have been filed, or when defaults or dismissals have been entered against all non-appearing parties, or at such other time as the court may direct. (2) For a case governed by Simplified Procedure under C.R.C.P. 16.1, the responsible attorney must set the case for trial no later than 42 days after the case is at issue, unless otherwise ordered by the court, using the procedures in C.R.C.P. 121, § 1-6. The same definitions for responsible attorney and at issue above apply. (3) Unless the parties encounter difficulties in setting trial or other dates, settings are conducted by telephone and do not require a court appearance. As required by C.R.C.P. 121, § 1-6, a notice to set must be filed with the court and the parties must follow those procedures. To reach the division in which your case has been assigned, please call during division setting times between the hours of 8:30 a.m. and 10:00 a.m. on Tuesdays and Thursdays: (a) Division 1: (970) 475-2510 (b) Division 3: (970) 475-2530 (c) Division 4: (970) 475-2540 D. A District Court Civil Cover Sheet (JDF 601) must be filed with all civil complaints. Failure to file a civil cover sheet that complies with C.R.C.P. 16.1(d) will result in the case being governed by the case management procedures outlined in C.R.C.P. 16.1. 2. Settlement Plan Deadlines: A. For all civil cases, a plan for settlement, as required by C.R.C.P. 16(b)(7) and §§ 13-22-311 & -313, C.R.S., must be submitted using the procedures outlined below. B. No later than 35 days after the case is at issue, the parties shall explore the possibility of a prompt settlement or resolution of the case. Civil Case Procedures Order Page 2 of 6 C. No later than 42 days after the case is at issue, the parties shall submit a document entitled, Stipulated Plan Regarding Settlement, setting forth their plans for future efforts to settle the case. Unless notified otherwise by the court, the Stipulated Plan Regarding Settlement is automatically adopted as an order of the court. D. The Stipulated Plan Regarding Settlement (ADR Plan) must include the following: (1) Specification of the selected form of ADR. The parties may select any form of ADR defined in § 13-22-302, C.R.S. (2) Designation of a provider who has been contacted and has agreed to provide ADR services to the parties. The parties may select any provider available in the community including Office of Dispute Resolution (ODR). ODR offers moderately-priced mediation and other ADR services. ODR can be contacted at www.ColoradoODR.org or call 720-625-5933. E. If no stipulated plan is submitted within 42 days after the case is at issue, the court will order that the parties must participate in mediation with ODR no later than 63 days before the trial date. F. Failure to comply with these procedures may result in sanctions including, but not limited to, loss of the trial date. G. The parties must then certify in the proposed trial management order (due 28 days before trial) that they have complied with the Stipulated Plan Regarding Settlement or have completed mediation through ODR. 3. Discovery Disputes: A. Consistent with C.R.C.P. 16(b)(14), the court requires discovery motions to be presented orally, without written motions or briefs. B. Counsel and unrepresented parties are expected to first confer about any discovery dispute in a meaningful way—preferably by telephone or in person—to try to resolve the dispute. An exchange of e-mails that simply identifies the dispute—but does not include an attempt to reach a reasonable compromise—does not qualify as a meaningful conferral. Civil Case Procedures Order Page 3 of 6 C. If conferral does not resolve the dispute, then a party may set a telephone hearing with the division assigned to the case. The court will set this hearing as quickly as possible—within a week or less, depending on availability in the court’s docket. D. No later than 3 p.m. on the day before the telephone hearing, the parties may file with the court (with service on all other parties) a letter of no more than two pages that explains the dispute and provides citations to any critical cases or other legal authority. If necessary to develop the record for any findings the court might have to make, the parties may also submit exhibits. Multiple-page exhibits must be highlighted so that the pertinent information is easily identified. 4. Motions: A. If a motion is unopposed, as required by C.R.C.P. 121, § 1-15(9), the motion’s title must include the designation, unopposed. B. As required by C.R.C.P. 121, § 1-15(10), a proposed order must accompany every motion. C. As provided by C.R.C.P. 121, § 1-15(1)(d), a motion shall not be included in a response or reply and any attempt to do so will be routinely and summarily ignored by the court. D. The parties must comply with the formatting requirements imposed by C.R.C.P. 10(d) and the page limits imposed by C.R.C.P. 121, § 1-15(1)(a). The court reserves the right to strictly enforce these page limits unless prior permission has been obtained to exceed them. Depending on the circumstances—including the nature of the violation, the issues involved, and the implications for the parties’ substantive rights—the court may choose to consider only that portion of a motion or brief that complies with these page limits and ignore the rest; or the court may choose to strike the entire motion or brief; or the court may fashion some other appropriate remedy. E. As required by C.R.C.P. 121, § 1-15(8), a certificate of conferral must be included at the beginning of all motions that certifies the movant has conferred in good faith with opposing counsel and with any self- represented party about the relief being sought in the motion. Attempts to Civil Case Procedures Order Page 4 of 6 confer with opposing parties less than 24 hours before a motion is filed, followed by “no response,” is not a good-faith effort. 5. Court Interpreters: A. As discussed in Chief Justice Directive 06-03, the court will provide an interpreter during court proceedings for a party to a case; a victim; a witness; the parent, legal guardian, or custodian of a minor party; and the legal guardian or custodian of an adult party, if such person has limited English proficiency. A court proceeding for which an interpreter will be provided includes any hearing, trial or other appearance before the court. B. If an interpreter is required for this case, the attorney or unrepresented party shall notify the court in writing at least 28 days before the court proceeding and specify the language being requested (e.g., Spanish). If a party has requested an interpreter and it turns out an interpreter is not needed (e.g., the case is continued or a settlement is reached), that party must notify the court. Notification that an interpreter is no longer needed must be provided to the court at least 72 hours before the scheduled court proceeding. 6. Miscellaneous: A. The plaintiff shall send a copy of this Order to all other parties who enter an appearance and shall file a certificate of mailing within 14 days following the entry of appearance on behalf of another party. B. As required by C.R.C.P. 121, § 1-9, any attorney entering an appearance in this case who is aware of a related case is ordered to complete and file a document entitled, “Information Regarding Case(s),” to inform the court of the related case(s) and stating whether consolidation is appropriate. 7. Sanctions: If an attorney or unrepresented party fails to comply with this Order, the court may impose sanctions as appropriate under the circumstances. Civil Case Procedures Order Page 5 of 6 So Ordered: BY THE COURT: May 9, 2023 ______________________ Julie C. Hoskins Chief Judge, 19th Judicial District ______________________ ______________________ Todd Taylor Shannon Lyons District Court Judge District Court Judge Civil Case Procedures Order Page 6 of 6