Schlenker v. City of Arvada, Colorado et al

Filing 102

MINUTE ORDER granting 100 Defendants' Motion for Clarification Regarding Appearance at Settlement Conference. The Scheduling Order is clarified as set forth in this Minute Order, by Magistrate Judge Kristen L. Mix on 11/23/09.(ebs, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01189-WDM-KLM GERALD SCHLENKER, Plaintiff, v. CITY OF ARVADA, COLORADO, PRIDEMARK PARAMEDIC SERVICES, ST. ANTHONY'S NORTH HOSPITAL, CHARLES J. HUMPHREY, in his individual capacity, JOSEPH HERTEL, in his individual capacity, JEFFREY ORNDOFF, in his individual capacity, KELLY SHEEHAN, in his individual capacity, EAMMON DOLAN, Pridemark Paramedic, BEN STONE, Pridemark Paramedic, LISA B. PATEL, M.D., St. Anthony's North Medical Provider, WILLIAM A. SHARP, M.D., St. Anthony's North Medical Provider, LORRIE E. GRIFFEY, R.N., St. Anthony's North Medical Provider, P. TIM DIXON, St. Anthony's North Medical Provider, and TINA M. BITTERMAN, St. Anthony's North Medical Provider, Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on the Defendants' Motion for Clarification Regarding Appearance at Settlement Conference [Docket No. 100; Filed November 19, 2009] (the "Motion"). IT IS HEREBY ORDERED that the Motion is GRANTED and the Scheduling Order is clarified as follows. The Scheduling Order states that pro se parties, attorneys, and client representatives with full authority to settle must be present at the Settlement Conference. Those individual defendants who will have present representatives with full authority to settle on their behalf do not have to be present. Accordingly, Defendants Humphrey, Hertel, Orndoff, Sheehan, Dolan, Stone, Griffey, Dixon, and Bitterman are not required to be present. According to the Motion, Defendants Patel and Sharp must consent to payment of funds in settlement by their malpractice insurer. Their insurance adjuster therefore does not have full settlement authority, and the presence of Defendants Patel and Sharp is required. IT IS FURTHER ORDERED that Pridemark's insurance adjuster may appear by telephone. The insurance adjuster must be available to receive a telephone call from Pridemark as needed. Dated: November 23, 2009 2

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