Free Order - District Court of Colorado - Colorado

Case 1:03-cv-02311-EWN-CBS

Document 129

Filed 08/07/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer Civil Action No. 03-cv-02311-EWN-CBS LINDA M. PIERCY, Plaintiff, v. TERRY MAKETA, as Sheriff of El Paso County Sheriff's Office, EL PASO COUNTY SHERIFF'S OFFICE, and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EL PASO, Defendants.

MINUTE ORDER

ORDER ENTERED BY MAGISTRATE JUDGE CRAIG B. SHAFFER THIS WILL CONFIRM that pursuant to the telephonic request of counsel on August 7, 2008, the August 19, 2008 settlement conference is VACATED and RESET to August 26, 2008 at 2:30 p.m. (Mountain Time) The conference shall be held in Courtroom A-402, Fourth Floor, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. Parties are advised that the court has set aside the entire morning for the settlement conference. Parties are to submit respective confidential settlement statements on or before: August 19, 2008 Each statement should contain the following: 1. 2. 3. A candid assessment of the of the case from the presenter's point of view; A summary of the evidence which supports that side's claims; Remarks toward any perceived weaknesses in the case;

Case 1:03-cv-02311-EWN-CBS

Document 129

Filed 08/07/2008

Page 2 of 2

4. 5.

Present a demand or offer each client will accept or pay in settlement (including any essential non-economic terms); and Any observations or additional information which would be helpful to the magistrate in assisting the parties to negotiate a settlement.

**Parties are advised that a pro-forma or standard settlement memos are not helpful.** Parties shall e-mail their Confidential Settlement Statement, not to exceed fifteen (15) pages (including any attachments), in PDF format to [email protected]. Confidential settlements that are over fifteen (15) pages are to be submitted to the court as hard copies and shall be delivered to the office of the Clerk of the Court in an envelope marked "PRIVATE PER MAGISTRATE JUDGE SHAFFER'S ORDERS". Counsel are ORDERED to 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. No party shall be permitted to attend the settlement conference by phone, unless that party has obtained leave of court following the filing of an appropriate motion no later than five (5) business days prior to the settlement conference date. 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. Please remember that anyone seeking entry into the Alfred A. Arraj United States Courthouse will be required to show valid photo identification. See D.C.COLO.LCivR 83.2B.

DATED:

August 7, 2008