Malibu Media, LLC v. John Doe subscriber assigned IP address 126.96.36.199
MINUTE ORDER denying 22 Plaintiffs Motion for Leave to Appear Telephonically at the Scheduling Conference Set for June 23, 2014. Rather, in the interest of judicial efficiency, the Scheduling Conference currently set in this case for June 23, 2014 is vacated and rescheduled. Scheduling Conference RESET for 7/10/2014 09:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 5/6/2014.(evana, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03173-WYD-MEH
MALIBU MEDIA, LLC,
Entered by Michael E. Hegarty, United States Magistrate Judge, on May 6, 2014.
Plaintiff’s Motion for Leave to Appear Telephonically at the Scheduling Conference Set for
June 23, 2014 [filed May 5, 2014; docket #22] is denied. Rather, in the interest of judicial
efficiency, the Scheduling Conference currently set in this case for June 23, 2014 is vacated and
rescheduled to July 10, 2014, at 9:30 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.
The plaintiff shall notify all parties who have not entered an appearance of the date and time
of the Scheduling Conference.
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 June 19, 2014. 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 from the Standardized Order Forms section of the Court’s website,
found at http://www.cod.uscourts.gov/Forms.aspx. 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. LAttyR 3 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 been vacated by Court order may result in the imposition of
Finally, the parties or counsel attending the Conference should be prepared to informally
discuss the case to determine whether an early neutral evaluation is appropriate. There is no
requirement to submit confidential position statements/letters to the Court at the Scheduling
Conference or to have parties present who have full authority to negotiate all terms and demands
presented by the case.
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 83.2(b).
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