ProBuild Holdings, Inc. et al v. Granite State Insurance Company et al

Filing 6

ORDER SETTING SCHEDULING/PLANNING CONFERENCE: Scheduling Conference set for 5/6/2010 11:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 3/8/2010. (Attachments: # 1 INSTRUCTIONS FOR PREPARATION OF SCHEDULING ORDER, # 2 Instructions Regarding Notice of Availability of a United States Magistrate Judge)(klmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-00503-DEME-KLM PROBUILD HOLDINGS, INC.; and PROBUILD COMPANY LCC f/k/a PROBUILD EAST, LLC, Plaintiffs, v. GRANITE STATE INSURANCE COMPANY; LIBERTY MUTUAL INSURANCE COMPANY; TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY OF NORTH AMERICA; THE HARTFORD CASUALTY INSURANCE COMPANY; THE HARTFORD FIRE INSURANCE COMPANY; CONTINENTAL CASUALTY COMPANY, INC. FIREMEN'S FUND INSURANCE COMPANY; ST. PAUL FIRE & MARINE INSURANCE COMPANY; NATIONAL UNION FIRE INSURANCE OF PITTSBURGH, PENNSYLVANIA; EVANSTON INSURANCE COMPANY; and EVEREST NATIONAL INSURANCE COMPANY, Defendants. ORDER SETTING SCHEDULING/PLANNING CONFERENCE (as amended effective December 1, 2009) The above captioned case has been referred to Magistrate Judge Kristen L. Mix pursuant to the Order of Reference entered by District Judge David M. Ebel on March 8, 2010. A. Date of Scheduling Conference IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Fed.R.Civ.P. 16(b) shall be held on May 6, 2010, commencing at 11:00 a.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. B. How to Request Different Date for Scheduling Conference If this date is not convenient for any counsel/pro se party, he/she shall file a motion to reschedule the conference to a more convenient date, and shall list dates in the motion

which are available for all counsel/pro se parties. Absent 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. C. How to Request Appearance By Telephone at Scheduling Conference If you wish to appear at the Scheduling Conference by telephone, you must file a motion seeking permission to appear by telephone and setting forth good cause for a telephonic appearance. No such motion will be granted unless it is filed at least FIVE (5) business days in advance of the scheduling conference. D. Plaintiff's Duty to Notify Parties of Scheduling Conference The plaintiff shall notify all parties who have not entered an appearance as of the date of this Order of the date and time of the Scheduling/Planning Conference set forth above. E. Parties' Obligations Before Scheduling Conference 1. Scheduling Order
IT IS ORDERED that counsel/pro se parties in this case are to hold a pre-scheduling conference meeting at least twenty-one (21) days before the scheduling conference pursuant to Fed. R. Civ. P. 26(f)(1) and prepare a proposed Scheduling Order in accordance with Fed. R. Civ. P. 26(f), as amended. The instructions for completing the Scheduling Order may be found on the Court's website (www.cod.uscourts.gov) with the scheduling order forms. Please be aware that effective December 1, 2009, there are TWO forms of Scheduling Order available on the Court's website under the "Local Rules" tab: one form for non-administrative review cases and one form for cases seeking review on an administrative record. PLEASE USE THE CURRENT and CORRECT FORM FOR YOUR CASE. Pursuant to Fed. R. Civ. P. 26(d), as amended, no discovery is to be exchanged until after the Rule 26(f) conference meeting. The parties shall include the following language in paragraph 8(d) of their proposed Scheduling Order in non-administrative review cases: "Other Planning or Discovery Orders: No opposed discovery motions are to be filed with the Court until the parties comply with D.C.COLO.LCivR. 7.1(A). If the parties are unable to reach agreement on a discovery issue after conferring, they shall arrange a conference call with Magistrate Judge Mix to attempt to resolve the issue. Both of these steps must be completed before any contested discovery motions are filed with the Court;" OR No later than five (5) calendar days prior to the Scheduling/Planning Conference, counsel/pro se parties shall submit their proposed Scheduling Order in compliance with the Court's Electronic Case Filing Procedures which are also available on the Court's website. An additional copy of the proposed scheduling order is to be provided to my chambers at [e-mail] by e-mail attachment with the subject line stating "proposed Scheduling Order." Parties who are pro se or do not have access to the internet may obtain the scheduling order form and instructions from the Clerk's Office, Room A105, in the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado, 80294. Scheduling Orders prepared by parties not represented by counsel, or without access to electronic case filing, are to be submitted to the Clerk of the Court on paper.

2. Mandatory Disclosures IT IS FURTHER ORDERED that on or before 14 days after the Rule 26(f) pre-scheduling conference meeting, the parties shall comply with the mandatory disclosure requirements of Fed.R.Civ.P. 26(a)(1), as amended. 3. Confidential Settlement Statements IT IS FURTHER ORDERED that at least five (5) calendar days before the Scheduling/Planning Conference, counsel/pro se parties shall submit a brief Confidential Settlement Statement to the Magistrate Judge ONLY, outlining the facts and issues involved in the case, and the possibilities for settlement, including any settlement authority from the client. Electronic case filing participants are to submit their Confidential Settlement statements to chambers at [e-mail]. with the subject line stating "Confidential Settlement Statement" along with the case number and case caption. The Confidential Settlement statement should be sent as an attachment to the e-mail. Documents with attachments totaling over 15 pages shall be submitted to the Clerk's office in an envelope labeled "Personal Materials" addressed to Magistrate Judge Kristen L. Mix.1 Counsel/pro se parties should be prepared to discuss settlement at the Scheduling/Planning Conference. F. Miscellaneous All out-of-state counsel shall comply with D.C.COLO.LCivR 83.3 before the Scheduling/Planning Conference. It is the responsibility of counsel/pro se parties to notify the Court of his/her entry of appearance, notice of withdrawal, notice of substitution of counsel, or notice of change of address, e-mail address, or telephone number by complying with the Court's Electronic Case Filing Procedures or paper-filing the appropriate document with the Court. The Parties are further advised that they shall not assume that the Court will grant the relief requested in any motion. Failure to appear at a court-ordered conference or to comply with a courtordered deadline which has not been vacated by court order may result in the imposition of sanctions under Fed. R. Civ. P. 16(f). Anyone seeking entry to the Byron G. Rogers United States Courthouse will be required to show valid photo identification. See D.C.COLO.LCivR 83.2B. Failure to comply with this requirement will result in denial of entry to the courthouse. DATED: March 8, 2010 at Denver, Colorado. BY THE COURT: s/ Kristen L. Mix Kristen L. Mix United States Magistrate Judge

Do not label this envelope "confidential settlement statement" because you will risk the public filing of the document.

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