National Association of Investors Corporation v. Bivio, Inc. et al
MINUTE ORDER granting 13 The Joint Motion to Extend Scheduling Hearing. Scheduling Conference RESET for 12/30/2011 09:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 12/1/2011.(ervsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02435-WJM-MEH
NATIONAL ASSOCIATION OF INVESTORS CORPORATION, a Michigan non-profit
BIVIO, INC., a Delaware corporation,
BIVIO SOFTWARE ARTISANS, INC., a Colorado corporation, and
ROBERT NAGLER, an individual,
Entered by Michael E. Hegarty, United States Magistrate Judge, on December 1, 2011.
The Joint Motion to Extend Scheduling Hearing [filed November 29, 2011; docket #13] is
granted. The Scheduling Conference set for December 6, 2011 is hereby vacated and rescheduled
for December 30, 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.
Parties or lawyers whose offices are located outside of the Denver metropolitan area may
appear at scheduling conferences by telephone. Please contact Chambers at (303) 844-4507 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
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 December 9, 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 Hegarty_Chambers@cod.uscourts.gov.
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 in richtext format from the Standardized Order Forms section of
the Court’s website, found at http://www.co.uscourts.gov/forms_frame.htm. 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
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.
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