Trust Department of First National Bank of Santa Fe et al v. Burton Co. Inc.
ORDER setting a Scheduling Conference on 9/6/2011 at 10:00 a.m., by Magistrate Judge Craig B. Shaffer on 7/11/11. (cbssec)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action No. 11-cv-01629-REB-CBS
STEPHEN MELENDY, individually,
LAWRENCE MELENDY, individually,
JUDY MELENDY, individually,
CHRISTOPHER W. MELENDY, individually,
AIMEE R. MELENDY, individually,
AMANDA F. MELENDY, individually, and
CHERIE D. FORD, individually,
BURTON CO., INC.,
ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE
AND RULE 26(f) PLANNING MEETING
This case has been referred to Magistrate Judge Craig B. Shaffer by District Judge Robert E.
Blackburn, pursuant to the Order of Reference filed June 23, 2011. See 28 U.S.C. §636(b)(1)(A) and (B)
and FED.R.CIV.P. 72(a) and (b).
IT IS HEREBY ORDERED:
(1) The court shall hold a FED.R.CIV.P. 16(b) scheduling and planning conference on
September 6, 2011, at
10:00 a.m. (Mountain Time)
The conference shall be held in Courtroom A-402, Fourth Floor, Alfred A. Arraj U.S. Courthouse, 901 19th
Street, Denver, Colorado. If this date is not convenient for any party1, he or she shall confer with opposing
parties and contact the court to reschedule the conference to a more convenient time. Please remember
The term “party” as used in this Order means counsel for any party represented by a
lawyer, and any pro se party not represented by a lawyer.
that anyone seeking entry into the Alfred A. Arraj United States Courthouse will be required to
show valid photo identification. See D.C.COLO.LCivR 83.2B.
A copy of instructions for the preparation of a scheduling order and a form scheduling order can
be downloaded from the “Forms” section on the Court’s website
(http://www.cod.uscourts.gov/Forms.aspx) under the heading “Standardized Order Forms.”
In accordance with D.C. COLO. ECF. PROC. 5.12, the parties shall file their proposed scheduling
order and also email an editable version to Shaffer_Chambers@cod.uscourts.gov on or before:
5:00 p.m. (Mountain Time) on
August 30, 2011
The plaintiffs shall notify all parties who have not yet entered an appearance of the
date and time of the scheduling/planning conference, and shall provide a copy of this Order
to those parties.
(2) In preparation for the scheduling/planning conference, the parties are directed to confer in
accordance with FED.R.CIV.P. 26(f), on or before:
August 16, 2011
The court strongly encourages the parties to meet face to face, but should that prove impossible, the parties
may meet by telephone conference. All parties are jointly responsible for arranging and attending the Rule
During the Rule 26(f) meeting, the parties shall discuss the nature and basis of their claims and
defenses and the possibilities for a prompt settlement or resolution of the case, make or arrange for the
disclosures required by FED.R.CIV.P. 26(a)(1), and develop their proposed scheduling/discovery plan. The
parties should also discuss the possibility of informal discovery, such as conducting joint interviews with
potential witnesses, joint meetings with clients, depositions via telephone, or exchanging documents
outside of formal discovery.
In those cases in which: (i) the parties’ substantive allegations involve extensive computergenerated records; (ii) a substantial amount of disclosure or discovery will involve information or records
in electronic form (i.e., e-mail, word processing, databases); (iii) expert witnesses will develop testimony
based in large part on computer data and/or modeling; or (iv) any party plans to present a substantial
amount of evidence in digital form at trial, the parties shall confer regarding steps they can take to preserve
computer records and data, facilitate computer-based discovery and who will pay costs, resolve privilege
issues, limit discovery costs and delay, and avoid discovery disputes relating to electronic discovery. The
parties shall be prepared to discuss these issues, as appropriate, in the proposed Scheduling Order and at
the scheduling and planning conference.
These are the minimum requirements for the Rule 26(f) meeting. The parties are encouraged to
have a comprehensive discussion and are required to approach the meeting cooperatively and in good
faith. The parties are reminded that the purpose of the Rule 26(f) meeting is to expedite the disposition of
the action, discourage wasteful pretrial activities, and improve the quality of any eventual trial through
more thorough preparation. The discussion of claims and defenses shall be a substantive, meaningful
The parties are reminded that pursuant to FED.R.CIV.P. 26(d), no discovery shall be sought prior to
the Rule 26(f) meeting.
(3) The parties shall comply with the mandatory disclosure requirements of FED.R.CIV.P. 26(a)(1)
on or before:
August 30, 2011
Counsel and parties are reminded that mandatory disclosure requirements encompass computer-based
evidence which may be used to support claims or defenses. Mandatory disclosures must be supplemented
by the parties consistent with the requirements of FED.R.CIV.P. 26(e). Mandatory disclosures and
supplementation are not to be filed with the Clerk of the Court.
(4) This matter also is referred to Magistrate Judge Shaffer for settlement purposes and with the
authority to convene such settlement conferences and direct related procedures as may facilitate resolution
of this case. The scheduling and planning conference is not a settlement conference, and no client
representative is required to appear. Nonetheless, to facilitate an early evaluation for the possibility of
settlement, counsel shall e-mail a brief (15 pages or less, including any attachments) Confidential
Settlement Statement in PDF format to Shaffer_Chambers@cod.uscourts.gov on or before:
5:00 p.m. on August 30, 2011
This statement shall briefly outline the facts and issues involved in the case, and the possibilities for
settlement, including any settlement authority from the client. Confidential settlements that are over fifteen
(15) pages are to be submitted to the court as hard copies and shall be delivered to the office of the Clerk of
the Court in an envelope marked “PRIVATE PER MAGISTRATE JUDGE SHAFFER’S ORDERS.”
(5) All parties are expected to be familiar with the United States District Court for the District of
Colorado Local Rules of Practice (D.C.COLOL.CIVR.). Copies are available from Office of the Clerk,
United States District Court for the District of Colorado, or through the District Court’s web site:
All out-of-state counsel shall comply with D.C.COLOL.CIVR. 83.3 prior to the
DATED at Denver, Colorado, this 11th day of July, 2011.
BY THE COURT:
s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge
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