Giuffre v. Marys Lake Lodge, LLC

Filing 36

MINUTE ORDER granting 33 Defendant's Unopposed Motion for Reconsideration. The Court's 29 Order of August 22, 2011 is vacated. Settlement Conference reset for 11/15/2011 at 01:30 PM in Courtroom C204 before Magistrate Judge Kristen L. Mix. By Magistrate Judge Kristen L. Mix on 10/3/11.(mnfsl, )

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.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Unopposed Motion for
Reconsideration [Docket No. 33; Filed September 27, 2011] (the “Motion”). As an initial
matter, the Motion does not comply with the Court’s Order of September 7, 2011 [Docket
No. 32], which set a deadline of September 21, 2011, for submission by Defendant of a
motion for reconsideration. The Motion is subject to denial on this basis alone.
Nevertheless, in the interest of justice, the Court considers the Motion because it is
unopposed and, further, accepts Defendant’s confidential letter, submitted under seal,
addressing the extenuating personal circumstances that Defendant avers constitute good
cause for reconsidering the Court’s Order of August 22, 2011 [Docket No. 29]. See Motion
[#33] at 1. In light of these submissions,
IT IS HEREBY ORDERED that the Motion [#33] is GRANTED. Accordingly,
IT IS FURTHER ORDERED that the Court’s Order of August 22, 2011 [#29] is
VACATED.
IT IS FURTHER ORDERED that the Settlement Conference, vacated on August 22,
2011 [#29], is RESET to November 15, 2011 at 1:30 p.m. in Courtroom C-204 of the
Byron G. Rogers United States Courthouse. Counsel shall have parties present who shall
have full authority to negotiate all terms and demands presented by the case, and full
authority 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. No party shall be permitted to
participate in the Settlement Conference by telephone, unless that party has obtained leave

of the Court following the filing of an appropriate motion no later than five (5) business days
prior to the date of the Settlement Conference.
IT IS FURTHER ORDERED that the parties shall submit their Confidential
Settlement Statement no later than November 10, 2011. The parties shall follow
Magistrate Judge Mix’s Instructions for Preparation of Confidential Settlement
Statements [Docket No. 23-1]. Parties participating in the District of Colorado Electronic
Case Filing (“ECF”) system shall submit ONLY their Confidential Settlement Statement in
PDF format via email to [e-mail]. All additional settlement
materials (e.g., deposition transcripts or exhibits) are to be submitted to the Court as hard
copies. Additional settlement materials shall be delivered to the Clerk of the Court or
mailed directly to Magistrate Judge Mix in an envelope marked “Confidential and Private
per Order of Magistrate Judge Mix.” Parties not participating in ECF shall submit their
Confidential Settlement Statement and any additional materials to the Court as hard copies
by either means described above.
IT IS FURTHER ORDERED that no party or attorney shall plan to leave the
Settlement Conference before 5:30 p.m. without first obtaining express permission from
the Court. Any party or attorney who schedules travel which requires departure from the
Settlement Conference before 5:30 p.m. WILL BE REQUIRED TO MAKE ALTERNATIVE
PLANS if the case has not settled by the departure time.
Dated: October 3, 2011