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DISTRICT COURT, DOLORES COUNTY, COLORADO DATE FILED: August 28, 2023 10:50 AM
CASE NUMBER: 2023CV30001
409 N. Main St.
Dove Creek, CO 81324
Plaintiffs: TRACY SLATER and the ESTATE OF
PATRICK MULLANE, by and through Personal
Representative Tracy Slater
Vs.
▲ COURT USE ONLY ▲
Defendant: GARY W. REDD Case Number: 2023CV30001
Division: Courtroom:
[PROPOSED] CASE MANAGEMENT ORDER
Pursuant to C.R.C.P. 16(b), the parties should discuss each item below. If they agree, the
agreement should be stated. If they cannot agree, each party should state its position briefly. If an
item does not apply, it should be identified as not applicable.
This form shall be submitted to the Court in editable format. When approved by the Court, it shall
constitute the Case Management Order for this case unless modified by the Court upon a showing
of good cause.
The Case Management Conference will be scheduled forthwith.
1. The “at issue date” is: May 26, 2023.
2. Responsible attorneys’ names, address, phone number and email address:
Attorney for Plaintiff: Kelly R. McCabe, PC
Kelly R. McCabe, kmccabe@mccabelawcortez.com
Keenen D. Lovett, klovett@mccabelawcortez.com
Bryson C. McCabe, bmccabe@mccabelawcortez.com
22 East Main Street
Cortez, Colorado 81321
(970) 565-7209
Attorney for Defendant: Christopher J. Metcalfe
Law Office of Robert B. Hunter
7535 E. Hampden Ave. Suite 210
Denver CO 80231
(303) 298-1407
(855) 472-9294
3. The lead counsel for each party, Kelly R. McCabe of Kelly R. McCabe, PC for Plaintiff
and Christopher J. Metcalfe of the Law Office of Robert B. Hunter for Defendant, have
communicated and discussed this Proposed Order and each of the issues listed in Rule 16(b)(3)(A)
through (E).
4. Brief description of the case and identification of the issues to be tried (not more than one
page, double-spaced, for each side):
a. Plaintiff’s Description of the Case:
On or about February 11, 2020 Plaintiff, Tracy Slater, was traveling northbound on
Colorado Highway 491 when she entered the inside northbound lane, signaled, began to make a
left hand turn from the highway onto her rural driveway. Defendant was also traveling northbound
on Colorado Highway 491 behind a semi-truck at least the maximum speed allowable by law, 65
miles per hour. There were two lanes of travel northbound on Highway 491 in the location of the
crash. Defendant, Redd, carelessly entered the inside lane of Northbound travel in order to pass a
Northbound semi-truck without observing Plaintiff’s vehicle or looking for traffic in the inside
lane. Defendant crashed into Plaintiff’s vehicle as it was stopped signaling to turn left.
The officer investigating the accident determined that Defendant was driving carelessly.
The Defendant drove carelessly and violated Colorado Statute C.R.S. 42-4-1402(2)(a) thereby
causing the subject automobile accident and Plaintiffs’ damages. Defendant’s careless actions in
violation of Colorado Law, which is designed to prevent or reduce automobile accidents and
casualties suffered as a result thereof, constitutes negligence per se. As a direct and proximate
result of the negligence of Defendant, Gary W. Redd, Plaintiff, Tracy M. Slater, sustained
substantial injures to her body including but not by way of limitation, lower back pain, headaches,
cervical spine, neck pain, trapezius pain, pain in the lumbar spine, neck strain, cervicalgia,
dizziness, and nerve pain. These injuries have continued to the present day and Plaintiff is expected
to incur and suffer future medical procedures and costs and expenses associated with these injuries.
As a direct and proximate result of the negligence of Defendant, Gary W. Redd, Plaintiff,
Patrick A. Mullane, sustained severe, and substantial injury to his body including but not by way
of limitation, severe neck pain, frontal headaches, blurry vision, trapezius pain, dizziness, blurry
vision, hand and foot numbness, cervicalgia, bilateral leg pain and cramping, and lower back pain.
These injuries and disabilities continued until Plaintiff, Mullane’s death on January 10, 2023.
Plaintiff Mullane was required to incur medical procedures and medical expenses caused by the
accident. Plaintiff was very ill at the time of the accident and afterward was hardly able to leave
the house, and therefore was unable to treat for the symptoms and pain he experienced from these
injuries. Mr. Mullane has since died and his Estate alleges that the injures suffered in this accident
accelerated his death.
b. Defendant’s Description of the Case: Defendant has denied liability and the
nature and extent of plaintiffs’ claimed injuries and damages.
5. The following motions have been filed and are unresolved: None.
6. Brief assessment of each party’s position on the application of the proportionality factors,
including those listed in C.R.C.P. 26(b)(1): None
7. The lead counsel for each party have previously spoken regarding the issues in this case
and will continue to meet and confer concerning possible settlement. The prospects for settlement
are: Fair. The parties intend to continue good faith discussions and to conduct a Settlement
Conference early in the case calendar.
8. Deadlines for:
a. Amending or supplementing pleadings: September 8, 2023 (Not more than 105
days (15 weeks) from at issue date.)
b. Joinder of additional parties: September 8,2023 (Not more than 105 days (15
weeks) from at issue date.)
c. Identifying non-parties at fault: August 24, 2023. The parties shall have ninety (90)
days from the date this matter was at issue within which to identify non-parties at fault.
9. Dates of initial disclosures: Initial Disclosures were due June 23, 2023. Plaintiffs filed their
disclosures on July 14, 2023. Defendant filed their disclosures on August 2, 2023.
Objections, if any, about their adequacy:
Plaintiff: Plaintiff reserves the right to object upon Defendant’s filing of initial
disclosures.
Defendant: Defendant reserves the right to object to the adequacy of Plaintiff’s
discovery disclosures, if necessary.
10. If full disclosure of information under C.R.C.P. 26(a)(1)(C) was not made because of a
party’s inability to provide it, provide a brief statement of reasons for that party’s inability and the
expected timing of full disclosures, and completion of discovery on damages: _N/A .
11. Proposed limitations on and modifications to the scope and types of discovery, consistent
with the proportionality factors in C.R.C.P. 26(b)(1):
(a) Number of depositions per party (C.R.C.P. 26(b)(2)(A): Limit 1 of each adverse party
plus 2 others plus experts per C.R.C.P. 26(b)(4)(A)
(b) Number of interrogatories per party (C.R.C.P. 26(b)(2)(B) limit of 30): 30
(c) Number of requests for production of documents per party (C.R.C.P. 26(b)(2)(D) limit
of 20): 20
(d) Number of requests for admission per party (C.R.C.P. 26(b)(2)(E) of 20): 20
(e) Any physical or mental examination per C.R.C.P. 35: Defendant anticipates a Rule 35
examination of the Plaintiff for each area of injury claimed by Plaintiff that is addressed by separate
medical specialties.
(f) Any limitations on awardable costs: None. Pursuant to Rule 54 and case law.
(g) State the justifications for any modifications in the foregoing C.R.C.P. 26(b)(2)
limitations: None.
12. Number of experts, subjects for anticipated expert testimony, and whether experts will be
under C.R.C.P. 26(a)(2)(B)(1) or (B)(II):
Plaintiff anticipates disclosing treating physicians as non-retained experts and up to three
(3) expert witnesses under C.R.C.P. 26(B)(II) for Plaintiff.
Defendant anticipates the possibility of one Rule 35 Examination.
13. Proposed deadlines for expert witness disclosure if other than those in C.R.C.P. 26(a)(2):
a. Production of expert reports:
i. Plaintiff/Claimant: As provided in Rule 26(a)(2)(C) (126 days before trial)
ii. Defendant/Opposing Party: As provided in Rule 26(a)(2)(C)(II) (98 days
before trial)
b. Production of rebuttal expert reports: As provided in Rule 26(a)(2)(C)(III)
c. Production of expert witness files: Upon request of the adverse party.
14. Oral Discovery Motions. The Court (does) (does not) require discovery motions to be
DOES NOT
presented orally, without written motions or briefs: ______________
15. Electronically Stored Information: The parties do not anticipate needing to discover a
significant amount of electronically stored information. The following is a brief report concerning
their agreements or positions on search terms to be used, if any, and relating to the production,
continued preservation, and restoration of electronically stored information, including the form in
which it is to be produced and an estimate of the attendant costs.
The parties agree to preserve all electronically stored information regarding this matter.
16. Parties’ best estimate as to when discovery can be completed: 49 days prior to trial.
Parties’ best estimate of the length of the trial: 5 days.
Trial will commence on (or will be set by the Court later): 6/24/24 through 6/28/24
.
17. Other appropriate matters for consideration: _________________________
DATED this 11th day of August, 2023.
KELLY R. McCABE, P.C. LAW OFFICE OF ROBERT B. HUNTER
/s/ Kelly R. McCabe _____________ /s/ Chris Metcalfe
Kelly R. McCabe, #10259 Christopher J. Metcalfe, #41462
Attorney for Plaintiff Attorney for Defendant
CASE MANAGEMENT ORDER
IT IS HEREBY ORDERED that the foregoing, including any modifications made by the Court, is
and shall be the Case Management Order in this case.
August 28, 2023
DATED this ______ day of ________________, 2023.
BY THE COURT:
_____________________________________
DISTRICT COURT JUDGE
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DISTRICT COURT, DOLORES COUNTY, COLORADO DATE FILED: August 28, 2023 10:50 AM CASE NUMBER: 2023CV30001 409 N. Main St. Dove Creek, CO 81324 Plaintiffs: TRACY SLATER and the ESTATE OF PATRICK MULLANE, by and through Personal Representative Tracy Slater Vs. ▲ COURT USE ONLY ▲ Defendant: GARY W. REDD Case Number: 2023CV30001 Division: Courtroom: [PROPOSED] CASE MANAGEMENT ORDER Pursuant to C.R.C.P. 16(b), the parties should discuss each item below. If they agree, the agreement should be stated. If they cannot agree, each party should state its position briefly. If an item does not apply, it should be identified as not applicable. This form shall be submitted to the Court in editable format. When approved by the Court, it shall constitute the Case Management Order for this case unless modified by the Court upon a showing of good cause. The Case Management Conference will be scheduled forthwith. 1. The “at issue date” is: May 26, 2023. 2. Responsible attorneys’ names, address, phone number and email address: Attorney for Plaintiff: Kelly R. McCabe, PC Kelly R. McCabe, kmccabe@mccabelawcortez.com Keenen D. Lovett, klovett@mccabelawcortez.com Bryson C. McCabe, bmccabe@mccabelawcortez.com 22 East Main Street Cortez, Colorado 81321 (970) 565-7209 Attorney for Defendant: Christopher J. Metcalfe Law Office of Robert B. Hunter 7535 E. Hampden Ave. Suite 210 Denver CO 80231 (303) 298-1407 (855) 472-9294 3. The lead counsel for each party, Kelly R. McCabe of Kelly R. McCabe, PC for Plaintiff and Christopher J. Metcalfe of the Law Office of Robert B. Hunter for Defendant, have communicated and discussed this Proposed Order and each of the issues listed in Rule 16(b)(3)(A) through (E). 4. Brief description of the case and identification of the issues to be tried (not more than one page, double-spaced, for each side): a. Plaintiff’s Description of the Case: On or about February 11, 2020 Plaintiff, Tracy Slater, was traveling northbound on Colorado Highway 491 when she entered the inside northbound lane, signaled, began to make a left hand turn from the highway onto her rural driveway. Defendant was also traveling northbound on Colorado Highway 491 behind a semi-truck at least the maximum speed allowable by law, 65 miles per hour. There were two lanes of travel northbound on Highway 491 in the location of the crash. Defendant, Redd, carelessly entered the inside lane of Northbound travel in order to pass a Northbound semi-truck without observing Plaintiff’s vehicle or looking for traffic in the inside lane. Defendant crashed into Plaintiff’s vehicle as it was stopped signaling to turn left. The officer investigating the accident determined that Defendant was driving carelessly. The Defendant drove carelessly and violated Colorado Statute C.R.S. 42-4-1402(2)(a) thereby causing the subject automobile accident and Plaintiffs’ damages. Defendant’s careless actions in violation of Colorado Law, which is designed to prevent or reduce automobile accidents and casualties suffered as a result thereof, constitutes negligence per se. As a direct and proximate result of the negligence of Defendant, Gary W. Redd, Plaintiff, Tracy M. Slater, sustained substantial injures to her body including but not by way of limitation, lower back pain, headaches, cervical spine, neck pain, trapezius pain, pain in the lumbar spine, neck strain, cervicalgia, dizziness, and nerve pain. These injuries have continued to the present day and Plaintiff is expected to incur and suffer future medical procedures and costs and expenses associated with these injuries. As a direct and proximate result of the negligence of Defendant, Gary W. Redd, Plaintiff, Patrick A. Mullane, sustained severe, and substantial injury to his body including but not by way of limitation, severe neck pain, frontal headaches, blurry vision, trapezius pain, dizziness, blurry vision, hand and foot numbness, cervicalgia, bilateral leg pain and cramping, and lower back pain. These injuries and disabilities continued until Plaintiff, Mullane’s death on January 10, 2023. Plaintiff Mullane was required to incur medical procedures and medical expenses caused by the accident. Plaintiff was very ill at the time of the accident and afterward was hardly able to leave the house, and therefore was unable to treat for the symptoms and pain he experienced from these injuries. Mr. Mullane has since died and his Estate alleges that the injures suffered in this accident accelerated his death. b. Defendant’s Description of the Case: Defendant has denied liability and the nature and extent of plaintiffs’ claimed injuries and damages. 5. The following motions have been filed and are unresolved: None. 6. Brief assessment of each party’s position on the application of the proportionality factors, including those listed in C.R.C.P. 26(b)(1): None 7. The lead counsel for each party have previously spoken regarding the issues in this case and will continue to meet and confer concerning possible settlement. The prospects for settlement are: Fair. The parties intend to continue good faith discussions and to conduct a Settlement Conference early in the case calendar. 8. Deadlines for: a. Amending or supplementing pleadings: September 8, 2023 (Not more than 105 days (15 weeks) from at issue date.) b. Joinder of additional parties: September 8,2023 (Not more than 105 days (15 weeks) from at issue date.) c. Identifying non-parties at fault: August 24, 2023. The parties shall have ninety (90) days from the date this matter was at issue within which to identify non-parties at fault. 9. Dates of initial disclosures: Initial Disclosures were due June 23, 2023. Plaintiffs filed their disclosures on July 14, 2023. Defendant filed their disclosures on August 2, 2023. Objections, if any, about their adequacy: Plaintiff: Plaintiff reserves the right to object upon Defendant’s filing of initial disclosures. Defendant: Defendant reserves the right to object to the adequacy of Plaintiff’s discovery disclosures, if necessary. 10. If full disclosure of information under C.R.C.P. 26(a)(1)(C) was not made because of a party’s inability to provide it, provide a brief statement of reasons for that party’s inability and the expected timing of full disclosures, and completion of discovery on damages: _N/A . 11. Proposed limitations on and modifications to the scope and types of discovery, consistent with the proportionality factors in C.R.C.P. 26(b)(1): (a) Number of depositions per party (C.R.C.P. 26(b)(2)(A): Limit 1 of each adverse party plus 2 others plus experts per C.R.C.P. 26(b)(4)(A) (b) Number of interrogatories per party (C.R.C.P. 26(b)(2)(B) limit of 30): 30 (c) Number of requests for production of documents per party (C.R.C.P. 26(b)(2)(D) limit of 20): 20 (d) Number of requests for admission per party (C.R.C.P. 26(b)(2)(E) of 20): 20 (e) Any physical or mental examination per C.R.C.P. 35: Defendant anticipates a Rule 35 examination of the Plaintiff for each area of injury claimed by Plaintiff that is addressed by separate medical specialties. (f) Any limitations on awardable costs: None. Pursuant to Rule 54 and case law. (g) State the justifications for any modifications in the foregoing C.R.C.P. 26(b)(2) limitations: None. 12. Number of experts, subjects for anticipated expert testimony, and whether experts will be under C.R.C.P. 26(a)(2)(B)(1) or (B)(II): Plaintiff anticipates disclosing treating physicians as non-retained experts and up to three (3) expert witnesses under C.R.C.P. 26(B)(II) for Plaintiff. Defendant anticipates the possibility of one Rule 35 Examination. 13. Proposed deadlines for expert witness disclosure if other than those in C.R.C.P. 26(a)(2): a. Production of expert reports: i. Plaintiff/Claimant: As provided in Rule 26(a)(2)(C) (126 days before trial) ii. Defendant/Opposing Party: As provided in Rule 26(a)(2)(C)(II) (98 days before trial) b. Production of rebuttal expert reports: As provided in Rule 26(a)(2)(C)(III) c. Production of expert witness files: Upon request of the adverse party. 14. Oral Discovery Motions. The Court (does) (does not) require discovery motions to be DOES NOT presented orally, without written motions or briefs: ______________ 15. Electronically Stored Information: The parties do not anticipate needing to discover a significant amount of electronically stored information. The following is a brief report concerning their agreements or positions on search terms to be used, if any, and relating to the production, continued preservation, and restoration of electronically stored information, including the form in which it is to be produced and an estimate of the attendant costs. The parties agree to preserve all electronically stored information regarding this matter. 16. Parties’ best estimate as to when discovery can be completed: 49 days prior to trial. Parties’ best estimate of the length of the trial: 5 days. Trial will commence on (or will be set by the Court later): 6/24/24 through 6/28/24 . 17. Other appropriate matters for consideration: _________________________ DATED this 11th day of August, 2023. KELLY R. McCABE, P.C. LAW OFFICE OF ROBERT B. HUNTER /s/ Kelly R. McCabe _____________ /s/ Chris Metcalfe Kelly R. McCabe, #10259 Christopher J. Metcalfe, #41462 Attorney for Plaintiff Attorney for Defendant CASE MANAGEMENT ORDER IT IS HEREBY ORDERED that the foregoing, including any modifications made by the Court, is and shall be the Case Management Order in this case. August 28, 2023 DATED this ______ day of ________________, 2023. BY THE COURT: _____________________________________ DISTRICT COURT JUDGE