Kaye v. Autozone, Inc.
MINUTE ORDER granting 32 Defendant's Unopposed Motion to Vacate and Reschedule Settlement Conference. Settlement Conference reset for 6/27/2013 at 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 6/11/2013. (mehcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02188-RBJ-MEH
CLOVIS A. KAYE,
AUTOZONE, INC., a Delaware corporation,
Entered by Michael E. Hegarty, United States Magistrate Judge, on June 11, 2013.
Defendant’s Unopposed Motion to Vacate and Reschedule Settlement Conference [filed June
11, 2013; docket #32] is granted. The Settlement Conference currently set in this case for June 13,
2013 is vacated and rescheduled to June 27, 2013, at 10:00 a.m., in Courtroom A501 on the fifth
floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.
Counsel shall have all parties present, including, but not limited to, an adjustor if an
insurance company is involved, who shall have full authority to negotiate all terms and demands
presented by the case, and full authority to enter into a settlement agreement. “Full authority” means
that the person who attends the settlement conference has the complete and unfettered capacity and
authority to meet or pay all terms or amounts which are demanded or sought by the other side of the
case without consulting with some other person, committee or agency. If any person has limits
upon the extent or amount within which he or she is authorized to settle on behalf of a party, that
person does not have “full authority.” This requirement is not fulfilled by the presence of
counsel or an insurance adjustor alone.
In exceptional circumstances only, the appearance or insurance representative by telephone
may be approved in advance of the conference by Chambers. Any party seeking such relief should
confer with opposing counsel before contacting Chambers directly at 303-844-4507.
No person is ever required to settle a case on any particular terms or amounts. However, if
any person attends the settlement conference without full authority, or if a party or insurance
representative fails to attend the settlement conference without prior Court approval, and the case
fails to settle, that party may be ordered to pay the attorney’s fees and costs for the other side.
Furthermore, if, prior to the conference, one or both parties believe that the matter may not be ripe
for negotiations, the parties may contact Chambers to reschedule the conference to a more
So that we may hold productive settlement discussions on the day of the conference, counsel
shall prepare and submit two settlement documents: one to be submitted to the other party or
parties, and the other to be submitted by email only to the Magistrate Judge.
The document(s) which are presented to opposing counsel shall contain an overview of the
case from the presenter’s point of view, shall summarize the evidence which supports that side’s
claims, and may present a demand or offer. These documents should be intended to persuade the
opposing clients and counsel.
The second document shall be emailed to the Magistrate Judge (not submitted for filing to
the court) at Hegarty_Chambers@cod.uscourts.gov. This document shall contain the content or
copies of the first document along with any confidential comments the party or counsel wishes to
make, including any comments with regard to perceived weaknesses in the case and any comments
which would be helpful to the Magistrate Judge in assisting the parties to negotiate a settlement.
The settlement documents shall be submitted no later than five business days prior to the
date of the settlement conference. Statements and exhibits consisting of more than 30 pages are to
be submitted to Chambers in hard copy via regular mail or hand delivery.
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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?