Markel Insurance Company v. The Learning Academy, Inc. et al

Filing 17

MINUTE ORDER granting 16 Unopposed Motion to Vacate August 17, 2015 Scheduling Conference and Reset Pretrial Deadlines, by Magistrate Judge Michael E. Hegarty on 8/07/2015. Scheduling Conference set for 8/17/2015 is VACATED and RESCHEDULED to 9/14/2015 11:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01344-MEH
MARKEL INSURANCE COMPANY,
Plaintiff,
v.
LEARNING ACADEMY, INC.,
CHILDREN ARE THE FUTURE, INC., and
EMMANUEL J. THORNE,
Defendants.
______________________________________________________________________________
MINUTE ORDER
______________________________________________________________________________
Entered by Michael E. Hegarty, United States Magistrate Judge, on August 7, 2015.
Plaintiff’s Unopposed Motion to Vacate August 17, 2015 Scheduling Conference and Reset
Pretrial Deadlines [filed August 6, 2015; docket #16] is granted. The Scheduling Conference
currently set for August 17, 2015 is vacated and rescheduled to September 14, 2015, at 11:15 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 [phone] 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 August 24, 2015. 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 [e-mail].
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/CourtOperations/RulesProcedures/Forms.aspx. (Copy and
paste this address in your browser). 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
Conference.
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 be vacated by Court order may result in the imposition of sanctions.
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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