McGahee v. Trumbull Insurance Company

Filing 71

MINUTE ORDER denying 70 Plaintiff's Opposed Motion for Sanctions and Fees for Violation of Court's November 28, 2011 Minute Order Setting Scheduling Conference and Standing Order for Any Settlement Conference; by Magistrate Judge Michael E. Hegarty on 2/13/2013. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03007-MEH
TRAVIS A. MCGAHEE,
Plaintiff,
v.
TRUMBULL INSURANCE COMPANY, d/b/a THE HARTFORD,
Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on February 13, 2013.
Plaintiff’s Opposed Motion for Sanctions and Fees for Violation of Court’s November 28,
2011 Minute Order Setting Scheduling Conference and Standing Order for Any Settlement
Conference [filed February 11, 2013; docket #70] is denied. The Court’s November 28, 2011
Minute Order plainly states that the settlement protocols referenced therein apply to “any settlement
conference held before this Court. . .” (Docket #13, 2) (emphasis added). Because the February 8,
2013 mediation in which the parties participated did not occur before this Court, the Standing Orders
set forth in the November 27, 2011 Minute Order do not provide a valid basis for sanctions.
Additionally, the Court finds it necessary to clarify its view that settlement is a voluntary
process. Therefore, the Court declines the order Defendant to participate in any further settlement
negotiations.