Pliego v. Los Arcos Mexican Restaurants, Inc. et al

Filing 51

ORDER : Settlement Conference set for 6/1/2015 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 5/5/2015. (tscha, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 14–cv–01686–RM–KMT
BELICE PLIEGO on her own behalf and on behalf of all others similarly situated,
Plaintiff,
v.
LOS ARCOS MEXICAN RESTAURANTS, INC., d/b/a Los Arquitos Mexican Restaurant, Los
Arquitos, Los Arquitos, Inc., Los Arcos, Inc. and Los Arcos Mexican Restaurant,
AMR-LONE TREE, INC., d/b/a Los Arcos Mexican Restaurant,
AMR-WESTLAND, INC.,
JUAN LUEVANO,
IGNACIO LUEVANO,
RAMON LUEVANO,
SANDRA LUEVANO, and
LIZ LUEVANO,
Defendants.

ORDER SETTING SETTLEMENT CONFERENCE

A settlement conference is hereby scheduled in this case for June 1, 2015 in Courtroom
C-201, Second Floor of the Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado.
The conference will begin at 1:30 p.m. and end no later than 5:00 p.m.
Counsel shall have parties present who shall have full authority to negotiate all terms and
demands presented by the case, and full authority to enter into a settlement agreement, including
an adjustor if an insurance company is involved. The presence of an insurance adjustor, however,
does not excuse the attendance of the party represented.
“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 the representative attending the settlement conference
can only receive authority to increase a pre-determined amount of money by making a telephone
call to someone else, the person to whom the phone call is made is the correct participant in the
settlement conference. 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.
The court will consider awarding attorneys fees and costs against a participant in a
settlement conference who arrives at the conference without full authority as outlined
above.
No party or party representative shall be permitted to participate in the settlement
conference by telephone, unless that party has obtained leave of court following the filing of an
appropriate motion no later than five business days prior to the settlement conference date. Such
requests are not favored by the court.
No person is ever required to settle a case on any particular terms or amounts. However,
again, if any person attends the settlement conference without full authority, and the case fails to
settle, that party may be ordered to pay the attorney’s fees and costs for the other side.
In order that productive settlement discussions can be held, counsel shall prepare and
submit Confidential Status Reports by e-mail only to Magistrate Judge Tafoya. The Status
Reports shall advise the court of (1) the primary impediments that have prevented the parties
from reaching a settlement in their previous negotiations and (2) the filing party’s position
regarding those impediments.
The Status Reports shall be emailed to Magistrate Judge Tafoya (not submitted for
filing to the court) at [e-mail], in accordance with the electronic
filing procedures of this court. The Confidential Status Reports shall be submitted no later than
five business days prior to the date of the settlement conference.
If the parties’ Confidential Status Reports are not filed by the deadline set by the court,
the settlement conference will be vacated.
Extensions of the deadline to file Confidential Status Reports require a showing of good
cause and should be sought by filing an appropriate motion. Extensions must be sought before
the deadline expires.
Counsel and the parties should plan to remain at the settlement conference for
approximately four hours after it begins. You will not be permitted to leave before that time for
any reason, unless excused by Magistrate Judge Tafoya. Travel arrangements should be made
accordingly.

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Please remember that anyone seeking entry into the Byron Rogers United States
Courthouse will be required to show a valid photo identification. See D.C.COLO.LCivR 83.2B.
Dated this 5th day of May, 2015.
BY THE COURT:

_______________________________
Kathleen M. Tafoya
United States Magistrate Judge

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