Ulibarri et al v. Denver, Colorado, The City and County of et al

Filing 410

Order (1) Directing Parties to Submit Proposed Dates for Mediation, (2) Directing Plaintiffs to File Itemized Statements of Attorney Fees under Seal, and (3) Directing Defendants to File a Brief Regarding the Organizational Plaintiffs Standing. Order signed by Senior Judge Ortrie D. Smith on 5/16/12. (odslc1, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
DEBBIE ULIBARRI, et al.,
Plaintiffs,
vs.
CITY & COUNTY OF DENVER, et al.,
Defendants.

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Case No. 07-CV-1814-ODS

ORDER (1) DIRECTING PARTIES TO SUBMIT PROPOSED DATES FOR
MEDIATION, (2) DIRECTING PLAINTIFFS TO FILE ITEMIZED STATEMENTS OF
ATTORNEY FEES UNDER SEAL, AND (3) DIRECTING DEFENDANTS TO FILE A
BRIEF REGARDING THE ORGANIZATIONAL PLAINTIFFS’ STANDING
1.

The Court realizes the parties attempted to mediate their disputes previously.

Nonetheless, the Court believes it is in everybody’s interests to try again. Even if the
entire dispute cannot be resolved by agreement, it may be that portions of it can be. To
that end, the Court intends to arrange for a settlement conference to be conducted by
the Honorable John T. Maughmer, United States Magistrate Judge for the Western
District of Missouri. The settlement conference will take place in Denver, and the
available dates are:
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July 25

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July 26

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July 27

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August 1

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August 2

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August 3
The parties shall confer and agree upon a date or dates that are mutually

acceptable, and advise the Court of their agreement on or before June 8, 2012. The
parties are further advised that, in addition to any other requirements imposed by Judge
Maughmer, individuals with full decision-making authority must be present at the
Settlement Conference. By this, the Court means (for each Plaintiff) someone with

authority to dismiss all claims with prejudice without receiving relief and (for Defendants)
someone with authority to confess judgment to the full extent sought by each Plaintiff.
2.

The Court has reviewed Plaintiffs’ Calculation of Damages, which were filed

yesterday pursuant to a prior Order. The Court believes the prospects for settlement
will be enhanced if Judge Maughmer knows the amount of attorney fees sought by each
Plaintiff. Accordingly, on or before July 13, 2012, Plaintiffs shall file a statement
documenting the attorney fees sought for each claim and each Plaintiff. The statement
shall be filed under seal.
3.

On December 22, 2011, the Court directed the parties to file additional briefs

regarding the organizational Plaintiffs’ standing. Plaintiffs’ brief was to be filed in early
February, and Defendants’ Brief was to be filed in early March. Plaintiffs filed their Brief
(Doc. # 375), but Defendants did not. This may be attributed to the events that caused
the last trial continuance. Regardless, the Court would prefer to have Defendants’
response to Plaintiffs’ Brief. Defendants shall respond on or before June 9, 2012.

IT IS SO ORDERED.

/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT

DATE: May 16, 2012

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