Lundy et al v. C.B. Fleet Company, Incorporated

Filing 9

MINUTE ORDER granting 7 Motion to Vacate The Scheduling Conference set for June 24, 2009 at 10:30 a.m. Scheduling Conference Reset for 8/12/2009 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 6/22/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00802-WYD-KLM SCOTT LUNDY and MITZI H. LUNDY, Plaintiffs, v. C.D. FLEET COMPANY, INCORPORATED, Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiffs' Motion to Vacate and Reset Scheduling Conference [Docket No. 7; Filed June 22, 2009] (the "Motion"). As a preliminary matter, the Court notes that Plaintiffs have not complied with the Court's Order Setting Scheduling/Planning Conference, which states "[a]bsent exceptional circumstances, no request for rescheduling any appearance in this court will be considered unless a motion is made FIVE (5) business days in advance of the date of appearance." However, since Defendant has not yet been served, it would inefficient at this time to hold a Scheduling Conference. Accordingly, IT IS HEREBY ORDERED that the Motion is GRANTED. The Scheduling Conference set for June 24, 2009 at 10:30 a.m. is vacated and reset to August 12, 2009 at 10:00 a.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. The parties shall submit their proposed scheduling order, pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures. Deadline for submission of the proposed scheduling order is on or before August 6, 2009. Parties shall submit a brief Confidential Settlement Statement in PDF format to [e-mail]. on or before August 6, 2009. Parties not participating in ECF shall submit their confidential settlement statement, on paper by delivering to the office of the Clerk of the Court or by mailing directly to Magistrate Judge Mix at the Byron G. Rogers U.S. Courthouse. The envelopes shall be marked "Private per Magistrate Judge Mix' Orders."

Anyone seeking entry into the Byron G. Rogers United States Courthouse must show valid photo identification. See D.C.COLO.LCivR 83.2B. IT IS HEREBY FURTHER ORDERED that Plaintiffs shall serve the Defendant on or before August 6, 2009. Dated: June 22, 2009