Vigil v. Pueblo School District No. 60

Filing 81

ORDER : Dismissal Paper due by 5/15/2012. Motion Hearing set for 5/17/2012 09:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Status Conference set for 5/17/2012 09:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. The final pretrial conference set for May 17, 2012, at 9:30 a.m., is VACATED, by Magistrate Judge Boyd N. Boland on 5/1/12. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-00834-CMA-BNB
LINDA VIGIL,
Plaintiff,
v.
PUEBLO SCHOOL DISTRICT NO. 60,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Plaintiff’s counsel and counsel for the defendant appeared this morning for a hearing on
the Amended Motion to Withdraw as Counsel for Plaintiff [Doc. # 60, filed 3/20/2012] (the
“Motion to Withdraw”). I ordered the plaintiff to be present at the hearing in person, Order
[Doc. # 75] at ¶3, but she did not appear.
At the beginning of the hearing I was informed of the following: (i) the parties have
reached a settlement in principle of the dispute; and (ii) plaintiff’s counsel was advised that Ms.
Vigil’s car broke down between Pueblo and Denver and that she would not be able to attend the
hearing. I am skeptical about the plaintiff’s excuse for not attending the hearing.
The settlement was placed on the record. Consistent with matters discussed this
morning,
IT IS ORDERED:
(1)

On or before May 15, 2012, the parties shall file a stipulation to dismiss with

prejudice, pursuant to Fed. R. Civ. P. 41(a).

(2)

The final pretrial conference set for May 17, 2012, at 9:30 a.m., is VACATED.

(3)

In the event a stipulation to dismiss is not filed on or before May 15, 2012, the

case is set for a status conference and hearing on the Motion to Withdraw [Doc. # 60] on
May 17, 2012, at 9:30 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States
Courthouse, 901 19th Street, Denver, Colorado. Ms. Vigil must attend in person the hearing on
May 17, 2012. Her failure to attend will result in my recommendation that the case be dismissed
pursuant to D.C.COLO.LCivR 41.1 for failure to comply with an order of the court and lack of
prosecution.
(4)

The Clerk of the Court is directed to serve a copy of this Order on the plaintiff by

United States mail, first class postage prepaid, at the plaintiff’s last known address, as follows:
24947 Cactus Flower Way
Pueblo, Colorado 81006-2080.
Dated May 1, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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