Chavez v. County of Larimer, Colorado et al

Filing 183

MINUTE ORDER granting 181 Joint Motion to Temporarily Stay Proceedings and Set Settlement Conference; Supplemental Settlement Conference set for 9/11/2012 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 8/30/2012.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00988-MSK-MEH
MARTHA CHAVEZ,
Plaintiff,
v.
COLLEEN CONWAY, L.P.N., in her individual and official capacities,
COREY SNYDER, R.N., in her individual and official capacities,
MARGO GEPPERT, M.D., in her individual and official capacities,
BRITANNY WILLIAMS, R.N., in her individual and official capacities,
ASHLEY SARGENT, R.N., in her individual and official capacities,
ELLEN SHAFER, R.N., in her individual and official capacities,
JOSEPH PETERSON, R.N., in his individual and official capacities,
JACK HALEY, P.A.-C., in his individual and official capacities,
SIERRA WRIGHT, R.N., in her individual and official capacities,
TERESA RAMIREZ, L.P.N., inher individual and official capacities,
DENISE GROSS, L.P.N., in her individual and official capacities,
CHRISTINA MARSHALL, L.P.N., in her individual and official capacities,
KIM STEPHENS, L.P.N., in her individual and official capacities,
PHILLIP CONNER, M.A., in his individual and official capacities,
CORRECTIONAL HEALTHCARE MANAGEMENT, INC., a Colorado corporation,
DEBORAH MOUSTEN, in her individual and official capacities,
LEE SOUCY, in his individual and official capacities, and
POUDRE VALLEY HOSPITAL, INC.,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on August 30, 2012.
The Joint Motion to Temporarily Stay Proceedings and Set Settlement Conference [filed
August 16, 2012; docket #181] is granted. Proceedings of this case are stayed temporarily pending
further order of the Court. With the consent of the parties, the Court will hold a supplemental
Settlement Conference in this case on September 11, 2012, at 10:00 a.m. in Courtroom A501 on the
fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.
Counsel shall have all parties present, including, but not limited to, an adjustor if an insurance
company is involved, who shall have full authority to negotiate all terms and demands presented by
the case, and full authority to enter into a settlement agreement. “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 or an
insurance adjustor alone.
In exceptional circumstances only, the appearance or insurance representative by telephone
may be approved in advance of the conference by Chambers. Any party seeking such relief should
confer with opposing counsel before contacting Chambers directly at 303-844-4507.
No person is ever required to settle a case on any particular terms or amounts. However, if
any person attends the settlement conference without full authority, or if a party or insurance
representative fails to attend the settlement conference without prior Court approval, and the case fails
to settle, that party may be ordered to pay the attorney’s fees and costs for the other side.
Furthermore, if, prior to the conference, one or both parties believe that the matter may not be ripe
for negotiations, the parties may contact Chambers to reschedule the conference to a more
appropriate time.
So that we may hold productive settlement discussions on the day of the conference, 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 document(s) 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 supports that side’s
claims, and may present a demand or offer. These documents should be intended to persuade the
opposing clients and counsel.
The second document shall be emailed to the Magistrate Judge (not submitted for filing to the
court) at [e-mail]. This document shall contain the content or copies
of the first document along with any confidential comments the party or counsel wishes to make,
including 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 three 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.
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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