Wooten v. Emergency Medical Services Corporation et al

Filing 70

MINUTE ORDER granting in part and denying in part 68 The Joint Status Report and Joint Scheduling Motion. Scheduling Conference set for 8/10/2011 at 09:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 7/1/11.(mnf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00412-WDM-MEH
MICHAEL WOOTEN, individually and on behalf of all others similarly situated,
Plaintiff,
v.
EMERGENCY MEDICAL SERVICES CORPORATION,
CLAYTON, DUBILIER & RICE, LLC,
ONEX CORPORATION,
WILLIAM A. SANGER,
ROBERT M. LEBLANC,
STEVEN B. EPSTEIN,
PAUL B. IANNINI,
JAMES T. KELLY,
MICHAEL L. SMITH,
KEVIN E. BENSON, and
LEONARD RIGGS, JR.,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on July 1, 2011.
The Joint Status Report and Joint Scheduling Motion [filed June 30, 2011; docket #68] is
granted in part and denied in part.1 In light of the fact that a Scheduling Conference has not taken
place in this case, it is hereby ORDERED that a Fed. R. Civ. P. 16(b) Scheduling Conference shall
be held on August 10, 2011, at 9:15 a.m. in Courtroom A-501, on the fifth floor of the Alfred A.
Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. If this date is not
convenient, counsel should confer with opposing counsel and contact my Chambers to obtain an
alternate date. Absent exceptional circumstances, no request for rescheduling will be entertained
unless made five business days prior to the date of the 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

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To the extent it remains pending, the Court will address the parties’ request for scheduling
of an amended complaint and its response at the Scheduling Conference.

instructions in this minute order.
It is further ORDERED that counsel for the parties in this case are to hold a pre-scheduling
conference meeting and jointly prepare a proposed Scheduling Order in accordance with Fed. R.
Civ. P. 26(f) on or before July 20, 2011. 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 Courtordered 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 Alfred A. Arraj United States
Courthouse will be required to show a valid photo identification. See D.C. Colo. LCivR 83.2B.
IT IS FURTHER ORDERED that any Settlement Conference held before this Court will
be governed by the following Standing Order:
Any settlement conference scheduled in this case will be held in Courtroom A-501 on the
fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.
Parties should check-in with Chambers upon arrival using the intercom to the right of the courtroom
doors.
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Counsel shall have all parties present, including all individually named parties or a
representative of each named entity. Counsel shall also have in attendance all individuals with full
authority to negotiate all terms and demands presented by the case, and full authority to enter into
a settlement agreement, including, but not limited to, 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 or pay all terms or amounts which are
demanded or sought by the other side of the case without consulting with some other person,
committee or agency. If any person has limits upon the extent or amount within which he or she is
authorized to settle on behalf of a party, that person does not have “full authority.” This
requirement is not fulfilled by the presence of counsel and/or an insurance adjustor alone.
In exceptional circumstances only, the appearance of insurance representative by telephone
may be approved in advance of the conference. Any party seeking such relief should file the
appropriate motion with the Court.
No person is ever required to settle a case on any particular terms or amounts. However,
both parties must participate in the settlement conference in good faith, pursuant to Fed. R. Civ. P.
16(f). If any party or party representative attends the settlement conference without full authority,
fails to attend the settlement conference without prior Court approval, or fails to participate in the
conference in good faith, and the case fails to settle, that party may be ordered to pay the attorney’s
fees and costs for the other side. If one or both parties believe that the matter may not be ripe for
negotiations, counsel should confer with the opposing party(ies) and contact Chambers prior to
the conference to reschedule the settlement conference to a more appropriate time.
In order that productive settlement discussions can be held, counsel shall prepare and submit
two settlement documents: one to be submitted to the other party or parties, and the other to be
submitted by email only to the Magistrate Judge. The documents which are presented to opposing
counsel shall contain an overview of the case from the presenter’s point of view, shall summarize
the evidence which support that side’s claims and may present a demand or offer. These documents
should be intended to persuade the clients and counsel on the other side.
The document, to be emailed to the Magistrate Judge (not submitted for filing to the court)
at [e-mail], shall contain copies of the above materials, but
additionally shall contain any confidential comments which counsel wishes to make, any comments
with regard to perceived weaknesses in the case and any comments which would be helpful to the
Magistrate Judge in assisting the parties to negotiate a settlement. The settlement documents shall
be submitted no later than five business days prior to the date of the settlement conference.
Statements and exhibits consisting of more than 30 pages are to be submitted to Chambers in hard
copy via regular mail or hand delivery.
Again, please remember that anyone seeking entry into the Alfred A. Arraj United States
Courthouse will be required to show a valid photo identification. See D.C. Colo. LCivR 83.2B.

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