McElwaney et al v. TRS Recovery Services, Inc.
MINUTE ORDER granting in part and denying in part 8 Plaintiffs' "Unopposed" Motion to Vacate Scheduling Conference. Scheduling Conference reset for 2/8/2012 at 9:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 12/14/2011. (mehcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02673-RPM-MEH
TIMOTHY MCELWANEY, and
TRS RECOVERY SERVICES, INC.,
Entered by Michael E. Hegarty, United States Magistrate Judge, on December 14, 2011.
Plaintiffs’ “Unopposed” Motion to Vacate Scheduling Conference [filed December 8, 2011;
docket #8] is granted in part and denied in part.1 The date of the Scheduling Conference
identified in Plaintiffs’ Motion is incorrect. Pursuant to the Court’s November 7, 2011 minute order,
the Scheduling Conference is currently set for January 6, 2012, rather than January 3, 2012. See
docket #5. However, in light of this Motion, the Scheduling Conference set for January 6, 2012 is
vacated and rescheduled for February 8, 2012 at 9:45 a.m. and will take place in Courtroom A501
on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver,
Colorado. Absent exceptional circumstances, no request for rescheduling will be entertained unless
made five business days prior to the date of the conference.
Plaintiffs shall notify all parties who have not entered an appearance of the date and time of
the Scheduling 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.
Plaintiffs represent in the title of their Motion that the relief requested is unopposed;
however, Plaintiffs provide no indication that they conferred with Defendant or Defendant’s counsel
in accordance with D.C. Colo. LCivR 7.1A prior to filing their Motion.
Civ. P. 26(f) on or before January 18, 2012. 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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