Oldershaw v. DaVita Healthcare Partners, Inc. et al

Filing 40

ORDER granting 39 Motion to Vacate Early Neutral Evaluation Conference. The ENE is RESET for 6/28/2016 at 09:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. Confidential Statements shall be submitted by e-mail in PDF format addressed to [e-mail], on or before 6/21/2016. By Magistrate Judge Nina Y. Wang on 4/14/16. (nywlc1)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01964-JLK
KELSEY OLDERSHAW,
individually and on behalf of others similarly situated,
Plaintiffs,
v.
DAVITA HEALTHCARE PARTNERS, INC., and
TOTAL RENAL CARE INC.,
Defendants.
______________________________________________________________________________
MINUTE ORDER
______________________________________________________________________________
Entered By Magistrate Judge Nina Y. Wang
Pursuant to the Honorable John L. Kane’s Order Referring Case to Early Neutral
Evaluation [#13], and the Joint Motion to Vacate and Reset Early Neutral Evaluation Conference
(“ENE”) [#39],
IT IS ORDERED that the ENE and corresponding settlement discussions set for April 20,
2016 is VACATED and RESET for June 28, 2016, at 9:30 a.m., in Courtroom C-204, Byron
G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado 80294. Please
remember that anyone seeking entry into the Byron G. Rogers United States Courthouse will be
required to show valid photo identification. See D.C.COLO.LCivR 83.2(b).
IT IS FURTHER ORDERED that counsel shall have parties present at the ENE who
shall have full authority to negotiate all terms and demands presented by the case, and full
authority to enter into a settlement agreement. This requirement is not satisfied by the presence
of counsel alone.
Confidential Statements shall be submitted by e-mail in PDF format addressed to
[e-mail], on or before June 21, 2016. Such Confidential Statements
must include discussion of both the strengths and weaknesses of each Party’s position; a
summary of all steps taken to date to resolve the matter; and any non-legal considerations that
play a significant role in a Party’s evaluation of the case. In addition, each Confidential
Statement must contain a specific offer of compromise, including the dollar amount or
range each client will accept or pay in settlement and any essential non-economic terms.
Failure to submit Confidential Statements on time may result in the ENE being vacated.

DATED: April 14, 2016