Giuffre v. Marys Lake Lodge, LLC

Filing 29

ORDER. The Settlement Conference set for 8/25/2011 at 1:30 PM is vacated and shall be reset only upon joint motion of the parties. On or before 9/6/2011 counsel for Plaintiff shall file an affidavit compliant with D.C.COLO.LCivR 54.3 stating the cos ts and fees charged to Plaintiff for the preparation of his Confidential Settlement Statement. Defendant may object to the reasonableness of the award, including the reasonableness of the costs and fees listed in Plaintiff's counsel's affidavit within ten days after the affidavit is filed. By Magistrate Judge Kristen L. Mix on 8/22/11. (mnf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00028-PAB-KLM
DARREN GIUFFRE, on behalf of himself and all similarly situated persons,
Plaintiff,
v.
MARYS LAKE LODGE, LLC, a Colorado Limited Liability Company,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court pursuant to the Settlement Conference Instructions
[Docket No. 25] issued on May 18, 2011. Paragraph number one of the Instructions states
that the Settlement Conference in this case will be vacated if the parties’ Confidential
Settlement Statements are not filed by the deadline set by the Court. On May 18, 2011,
the Court ordered that the deadline for the parties to submit their Confidential Settlement
Statements was August 18, 2011. Minute Order [Docket No. 23] at 2. To date, only
Plaintiff has submitted a Confidential Settlement Statement. Accordingly,
IT IS HEREBY ORDERED that the Settlement Conference set for August 25, 2011
at 1:30 p.m. is vacated and shall be reset only upon joint motion of the parties.
Because Defendant’s noncompliance with the Court’s Orders [#23 & 25] has
rendered Plaintiff’s efforts to prepare for the Settlement Conference unnecessary, the Court
will award Plaintiff, pursuant to Fed. R. Civ. P. 16(f)(1)(B) and (C), the reasonable costs

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and fees incurred to prepare his Confidential Settlement Statement. Accordingly,
IT IS FURTHER ORDERED that on or before September 6, 2011 counsel for
Plaintiff shall file an affidavit compliant with D.C.COLO.LCivR 54.3 stating the costs and
fees charged to Plaintiff for the preparation of his Confidential Settlement Statement.
IT IS FURTHER ORDERED that Defendant may object to the reasonableness of the
award, including the reasonableness of the costs and fees listed in Plaintiff’s counsel’s
affidavit within ten days after the affidavit is filed.
Dated: August 22, 2011
BY THE COURT:
s/ Kristen L. Mix
Kristen L. Mix
United States Magistrate Judge

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