Fournier v. Portfolio Recovery Associates, L.L.C.
ORDER setting a Scheduling Conference on 11/30/2011 at 8:00 a.m. in Courtroom A 402 before Magistrate Judge Craig B. Shaffer, by Magistrate Judge Craig B. Shaffer on 10/14/11. (cbssec)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action No. 11-cv-02446-WYD-CBS
PORTFOLIO RECOVERY ASSOCIATES, L.L.C.,
a Delaware limited liability company,
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 Chief District Judge Wiley Y.
Daniel, pursuant to the Order of Reference filed September 27, 2011. See 28 U.S.C. §636(b)(1)(A) and
(B) and FED.R.CIV.P. 72(a) and (b). Parties1 are on notice that based upon the nature of the claims, the
court has determined that this case is appropriate for expeditious disposition. As such, parties should
expect to proceed to trial within 10 months from the filing of the complaint and that all pretrial deadlines
will be set in anticipation of that trial date. Therefore,
IT IS HEREBY ORDERED:
(1) The court shall hold a FED.R.CIV.P. 16(b) scheduling and planning conference on
November 30, 2011,
8:00 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. Please remember that anyone seeking entry into the Alfred A. Arraj
United States Courthouse will be required to show valid photo identification. See
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.
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 no later than:
Seven (7) days prior to the
(2) In preparation for the scheduling/planning conference, the parties are directed to confer in
accordance with FED.R.CIV.P. 26(f), no later than:
Twenty-one (21) days prior to the
During the Rule 26(f) meeting, the parties shall discuss the following :
Nature and basis of their claims and defenses. In particular, plaintiff’s counsel
should come prepared to discuss the factual basis for any claims of actual damage
and defendant’s counsel should be prepared to disclose the name and address of
defendant’s telephone service provider.
Possibilities for a prompt settlement or resolution of the case, or any and all
obstacles to a prompt settlement, and
Develop a proposed scheduling order that reflects the following deadlines:
Discovery deadline not more than 3 months after the Scheduling
Dispositive motion deadline not more than 4 months from the
Final Pretrial Conference not more than 5 months after the Scheduling
Trial date not more than 7 months after the Scheduling Conference.
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
Parties should be aware that the court intends to set pretrial deadlines that reflect an expedited
approach. To that end parties are reminded that they may begin discovery immediately after then Rule
26(f) meeting (see FED.R.CIV.P. 26). The court does not anticipate extending pretrial proceedings because
counsel failed to take advantage of the opportunities afforded by FED.R.CIV.P. 26(d).
(3) The parties shall comply with the mandatory disclosure requirements of FED.R.CIV.P. 26(a)(1)
no later than:
Seven (7) days prior to the
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. Consistent with the court’s discretion
under FED.R.CIV.P. 26(a)(1), the parties are required to disclose the existence of any and all tape or
electronic recordings they have that would be discoverable under FED.R.CIV.P. 26(b)(1).
(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 no later than:
Seven (7) days prior to the conference
This statement shall briefly outline the facts and issues involved in the case, and should specifically
identify any facts and witnesses that would support either (1) a claim of actual damages, or (2) any
affirmative defenses asserted. The statement should also include 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 14th day of October, 2011.
BY THE COURT:
s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge
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