Catholic Health Initiatives Foundation et al v. Bracco Diagnostics Inc.

Filing 12

MINUTE ORDER granting 10 Plaintiff's (second) Unopposed Motion to Vacate and Reschedule Scheduling Conference. Scheduling Conference RESET for 10/29/2010 at 9:45 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 9/29/2010. (mehcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-01301-MSK-MEH CATHOLIC HEALTH INITIATIVES FOUNDATION and ACE INDEMNITY INSURANCE COMPANY, Plaintiffs, v. BRACCO DIAGNOSTICS, INC., Defendant. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on September 29, 2010. Plaintiffs' (second) Unopposed Motion to Vacate and Reschedule Scheduling Conference [filed September 29, 2010; docket #10] is granted. The Scheduling Conference set for October 7, 2010, is vacated and reset to October 29, 2010, at 9:45 a.m. in Courtroom 203 on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. Absent exceptional cause, the Court will likely decline to grant any further request for rescheduling. The plaintiff shall notify all parties who have not entered an appearance of the date and time of the Scheduling Conference. Lawyers whose offices are located outside of the Denver metropolitan area may appear at scheduling conferences by telephone. Please contact Chambers at [phone] at least five business days prior to the scheduling conference to arrange appearance by telephone. Lawyers appearing by telephone must ensure that the proposed Scheduling Order is filed electronically and by email no later than five business days prior to the scheduling conference, in accordance with the instructions in this minute order. It is further ORDERED that counsel for the parties in this case are to hold a prescheduling conference meeting and jointly prepare a proposed Scheduling Order in accordance with Fed. R. Civ. P. 26(f) on or before October 15, 2010. Pursuant to Fed. R. Civ. P. 26(d), no discovery shall be submitted until after the pre-scheduling conference meeting, unless otherwise ordered or directed by the Court. The parties shall file the proposed Scheduling Order with the Clerk's Office, and in accordance with District of Colorado Electronic Case Filing ("ECF") Procedures V.L., no later than five (5) business days prior to the scheduling conference. The proposed Scheduling Order is also to be submitted in a useable format (i.e., Word or WordPerfect only) by email to Magistrate Judge Hegarty at [e-mail].

Parties not participating in ECF shall file their proposed Scheduling Order on paper with the clerk's office. However, if any party in this case is participating in ECF, it is the responsibility of that party to file the proposed scheduling order pursuant to the District of Colorado ECF Procedures. The parties shall prepare the proposed Scheduling Order in accordance with the form which may be downloaded from the Standardized Order Forms section of the Court's website, found at http://www.cod.uscourts.gov/Forms.aspx. All Scheduling Conferences held before a Magistrate Judge utilize the same scheduling order format, regardless of the District Judge assigned to the case. Any out-of-state counsel shall comply with D.C. Colo. LCivR 83.3C prior to the Scheduling Conference. 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 Court-ordered deadline which has not be vacated by Court order may result in the imposition of sanctions. Finally, the parties or counsel attending the Conference should be prepared to informally discuss settlement of the case. There is no requirement to submit confidential settlement documents/letters to the Court beforehand or to have parties present who shall have full authority to negotiate all terms and demands presented by the case. Please remember that anyone seeking entry into the Byron G. Rogers United States Courthouse will be required to show a valid photo identification. See D.C. Colo. LCivR 83.2B.

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