Kail et al v. Whirlpool Corporation

Filing 36

MINUTE ORDER granting 34 Joint Motion to Modify the Scheduling Order Extending Certain Discovery Deadlines. Discovery due by 1/15/2010. Settlement Conference set for 09/21/2009 at 1:30 PM is vacated and reset to 11/18/2009 at 01:30 PM in Courtroom C204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 08/25/09. (Attachments: # 1 Attachment 1)(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00500-MSK-KLM JOSEPH & PATRICIA KAIL, individually and on behalf of all others similarly situation, Plaintiff, v. WHIRLPOOL CORPORATION, Defendant(s). _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on a Joint Motion to Modify the Scheduling Order Extending Certain Discovery Deadlines [Docket No. 34; Filed August 21, 2009] (the "Motion"). IT IS HEREBY ORDERED that the Motion is GRANTED. The Scheduling Order deadlines are extended as follows: Discovery Cut-off Designation of Experts Deadline Designation of Rebuttal Experts Deadline Merits and Class Depositions Deadline Deadline to Serve Interrogatories January 15, 2010 November 16, 2009 December 16, 2009 January 15, 2010 December 11, 2009

IT IS FURTHER ORDERED that the Settlement Conference set for September 21, 2009 at 1:30 p.m. is vacated and reset to November 18, 2009 at 1:30 p.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. IT IS FURTHER 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 all terms or pay all amounts which are demanded or sought by any opposing party in the case without consulting with some other person, committee, or agency.

No party shall be permitted to participate in the settlement conference by telephone, 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. IT IS FURTHER ORDERED that the parties shall follow Magistrate Judge Mix's Instructions for Preparation of Confidential Settlement Statements, a copy of which is attached. Parties shall submit their Confidential Settlement Statement on or before November 11, 2009. Parties participating in ECF shall e-mail ONLY the Confidential Settlement Statement in PDF format to [e-mail]. All additional settlement materials (e.g., depositions transcripts, exhibits, etc.) are to be submitted to the court as hard copies. Any additional material shall be delivered to the office of the Clerk of the Court or mailed directly to Magistrate Judge Mix in an envelope marked "Confidential and Private per Magistrate Judge Mix's Order". Parties not participating in ECF shall submit all materials as hard copies. No party or attorney may make plans to leave or leave the scheduled settlement conference before 5:30 p.m. without obtaining express permission from the Court in advance. Any party or attorney who schedules travel which requires departure from the settlement conference before 5:30 p.m. WILL BE REQUIRED TO MAKE ALTERNATE PLANS if the case has not settled by the departure time. Anyone seeking entry into the Byron G. Rogers United States Courthouse will be required to show valid photo identification. See D.C.COLO.LCivR 83.2B. Dated: August 25, 2009