Benedict v. Villers et al

Filing 18

ORDER Setting Early Neutral Evaluation Conference for 11/18/2014 at 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 10/22/14. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 14–cv–01887–KMT
JANE BENEDICT,
Plaintiff,
v.
GLENNA VILLERS,
CHRIS KOZUCH, and
THE TOWN OF PARKER, COLORADO
Defendants.

ORDER SETTING EARLY NEUTRAL EVALUATION

An early neutral evaluation is hereby scheduled in this case for November 18, 2014 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 is set for two hours.
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 early neutral evaulation
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.
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.
The parties, through their respective counsel, are each directed to prepare a Confidential
Position Statement, not to exceed fifteen pages, and submit the same by email only to Magistrate
Judge Tafoya no later than November 11, 2014. The Confidential Position Statement should
contain the following information:
1.

A summary of the evidence, including:
a.

a numbered list of the known significant disputed issues of fact; and

b.

a numbered list of the known significant disputed legal issues.

2.

A candid assessment of the case from the presenter’s point of view.

3.

Remarks toward any perceived weaknesses in the case.

4.

An accurate and complete history of settlement negotiations, including dates, if
known, and amounts of demands and offers.

5.

A computation of damages, including the theory of calculation and any legal
limitations on damages, and a demand or offer each client will accept or pay in
settlement (including any essential non-economic terms).

6.

Any observations or additional information which would be helpful to Magistrate
Judge Tafoya in assisting the parties to negotiate a settlement.

The document is to 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.
Dated this 22nd day of October, 2014.
BY THE COURT:

Kathleen M. Tafoya
United States Magistrate Judge

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