Stroh Ranch Development, LLC v. Cherry Creek South Metropolitan District No. 2 et al

Filing 98

ORDER granting 96 Defendant Pivotal Parker Investments, LLCs Unopposed Motion to (1) Vacate and Reset the Settlement Conference and (2) Amend the Scheduling Order. Discovery due by 2/13/2012; Dispositive Motions due by 3/12/2012, Proposed Pretrial Order due by 5/9/2012, Final Pretrial Conference RESET for 5/14/2012 10:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix., Settlement Conference RESET for 4/10/2012 01:30 PM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 10-2216.(erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-02216-WJM-KLM
STROH RANCH DEVELOPMENT, LLC, a Colorado limited liability company,
Plaintiff,
v.
CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 2,
CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 3,
CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 4,
CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 5,
CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 6,
CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 7,
CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 8,
CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 9,
CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 10,
CHERRY CREEK SOUTH METROPOLITAN DISTRICT NO. 11,
THE PIVOTAL GROUP, INC.,
PIVOTAL PARKER INVESTMENTS, LLC, a Delaware limited liability company a/k/a Parker
Investments 2009, LLC,
KURT WOLTER,
KIMBERLY JENSEN,
GREG MCILVAIN,
MARK EAMES,
GREG EPP,
BILLY HARRIS, and
JOHN DOES 1 through 8,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant Pivotal Parker Investments, LLC’s
Unopposed Motion to (1) Vacate and Reset the Settlement Conference and (2) Amend
the Scheduling Order [Docket No. 96; Filed September 28, 2011] (the “Motion”).
IT IS HEREBY ORDERED that the Motion is GRANTED. The Scheduling Order
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[Docket No. 23], as amended on December 28, 2010 [Docket No. 31], July 11, 2011
[Docket No. 77], and September 21, 2011 [Docket No. 94], is further modified to reflect the
following new deadlines:
Deadline for service of written discovery:
Deadline for completion of discovery:
Deadline for filing dispositive motions:

January 13, 2012
February 13, 2012
March 12, 2012

IT IS FURTHER ORDERED that the Settlement Conference set for October 11,
2011 at 2:00 p.m. is vacated and RESET to April 10, 2012 at 1:30 p.m. in Courtroom C204, 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 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.
IT IS FURTHER ORDERED that the parties shall follow Magistrate Judge Mix’s
Instructions for Preparation of Confidential Settlement Statements and Settlement
Conference Instructions, copies of which are attached to Docket Nos. 22 and 34.
Parties shall submit their Confidential Settlement Statement on or before April 5,
2012. Parties participating in ECF shall e-mail ONLY the Confidential Settlement
Statement 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.
IT IS FURTHER ORDERED that the Final Pretrial Conference set for February 13,
2012 at 10:30 a.m. is vacated and RESET to May 14, 2012 at 10:30 a.m. in Courtroom
C-204 of the Byron G. Rogers United States Courthouse.
IT IS FURTHER ORDERED that the parties shall submit their proposed pretrial order
no later than May 9, 2012. Parties participating in ECF shall submit their proposed pretrial
order pursuant to the District of Colorado ECF Procedures. The proposed pretrial order
must be submitted in a useable format (i.e., as a WordPerfect document). Pursuant to the
ECF Procedures, the parties shall submit the proposed pretrial order via email to
[e-mail]. Parties not participating in ECF shall submit their
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proposed pretrial order to the Clerk of the Court as a hard copy. However, if any party in
this case is participating in ECF, it is the responsibility of that party to submit the proposed
pretrial order pursuant to the ECF Procedures. The parties shall prepare the proposed
pretrial order in accordance with the form which may be downloaded in richtext
format from the forms section of the Court’s website at www.co.uscourts.gov.
Instructions for downloading in richtext format are posted in the forms section of the
website.
Dated: September 29, 2011

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