Free Order - District Court of Colorado - Colorado

Case 1:01-cv-02163-BNB-MEH

Document 201

Filed 09/07/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-02163-PAC-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. EL PASO GOLD MINES, INC., Defendant.

MINUTE ORDER RESCHEDULING SETTLEMENT CONFERENCE Entered by Michael E. Hegarty, United States Magistrate Judge, on September 7, 2006. Based on the parties'agreement, the Settlement Conference scheduled for September 29, 2006, at 1:30 p.m. is vacated and rescheduled to October 27, 2006, at 1:30 p.m. Due to a proposed, but as yet unscheduled, relocation of the Chambers for Magistrate Judge Hegarty, the parties are directed to contact Chambers at 303-844-4507 no later than ten (10) days prior to the conference to find out the location of this conference. The conference will be held either in Courtroom A-601 on the sixth floor of the Alfred A. Arraj United States Courthouse, 901 19 th Street, Denver, Colorado, or in Courtroom C-203 on the second floor of the Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. Counsel shall have parties present who shall have full authority to negotiate all terms and demands presented by the case, and full authority to enter into a settlement agreement, including an adjustor if an insurance company is involved. " authority"means that the person who attends the Full settlement conference has the complete and unfettered capacity and authority to meet or pay all terms or amounts which are demanded or sought by the other side of the case without consulting with some other person, committee or agency. If any person has limits upon the extent or amount within which he or she is authorized to settle on behalf of a party, that person does not have " authority." full No person is ever required to settle a case on any particular terms or amounts. However, if any person attends the settlement conference without full authority, and the case fails to settle, that party may be ordered to pay the attorney' fees and costs for the other side. s

In order that productive settlement discussions can be held, counsel shall prepare and submit

Case 1:01-cv-02163-BNB-MEH

Document 201

Filed 09/07/2006

Page 2 of 2

two settlement documents: one to be submitted to the other party or parties, and the other to be submitted by email to the Magistrate Judge. The documents which are presented to opposing counsel shall contain an overview of the case from the presenter' point of view, shall summarize the evidence s which support that side' claims and shall present a demand or offer. These documents should be s intended to persuade the clients and counsel on the other side. The document to be emailed to the Magistrate Judge (not submitted for filing to the court) at [email protected], in accordance with the electronic filing procedures of this court, shall contain copies of the above materials, but additionally shall contain any confidential comments which counsel wishes to make, any comments with regard to perceived weaknesses in the case and any comments which would be helpful to the magistrate in assisting the parties to negotiate a settlement. Settlement documents consisting of more than 50 pages should be submitted by standard mail. The settlement documents shall be submitted no later than five business days prior to the date of the settlement conference, and shall be submitted in a usable format (i.e., Word or WordPerfect). Please remember that anyone seeking entry into the Alfred A. Arraj United States Courthouse will be required to show a valid photo identification. See D.C.COLO.LCivR 83.2B.

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