Free Order - District Court of Colorado - Colorado

Case 1:00-cv-02325-MSK-MEH

Document 259

Filed 11/15/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-CV-02325-MSK-OES SIERRA CLUB AND MINERAL POLICY CENTER, et al., Plaintiff(s), vs. CRIPPLE CREEK & VICTOR GOLD MINING COMPANY, et al., Defendant(s). ______________________________________________________________________________ MINUTE ORDER ______________________________________________________________________________ ORDER ENTERED BY MAGISTRATE JUDGE O. EDWARD SCHLATTER

At the direction of Judge Krieger, pursuant to the order of Magistrate Judge O. Edward Schlatter, and at the request of defense counsel, the above-entitled matter is to be set for an ADDITIONAL SETTLEMENT CONFERENCE. IT IS THEREBY ORDERED: that the above-entitled matter is scheduled for AN ADDITIONAL settlement conference on January 5, 2006, commencing at 1:30 p.m. o'clock in the United States Courthouse located at 901 19th Street, Sixth Floor, Denver, Colorado. FURTHER, IT IS ORDERED that 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. "Full authority" means that the person who attends the 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 "full authority." 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 attorneys' fees and costs for the other side.

Case 1:00-cv-02325-MSK-MEH

Document 259

Filed 11/15/2005

Page 2 of 2

In order that productive settlement discussions can be held, counsel shall prepare and submit two settlement documents: one to be mailed to the other party or parties, and the other to be mailed only to the Magistrate Judge. The documents which are presented to opposing counsel shall contain an overview of the case from the presenter's point of view, shall summarize the evidence which supports that side's claims and shall present a demand or offer. These documents should be intended to persuade the clients and counsel on the other side. The document to be mailed to the Magistrate Judge 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. The settlement documents shall be submitted no later than five days prior to the date of the settlement conference. In compliance with D.C.Colo.LCivR 83.2, and in order to gain entry to the Federal Courthouse, all parties, counsel and witnesses must have on their person appropriate photo identification.