Opinion
Civil Action No. 06-cv-01502-MSK-KLM.
February 28, 2008
ORDER
IT IS HEREBY ORDERED that a settlement conference is set for April 30, 2008 at 1:30 p.m. in Courtroom A-501, Fifth floor, of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.
IT IS FURTHER ORDERED that pro se parties shall be present and that 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. "Full authority" means that the person who attends the settlement conference has the complete and unfettered capacity and authority to meet all terms or pay all amounts which are demanded or sought by any opposing party in the case without consulting with some other person, committee, or agency.
No party 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 (5) business days prior to the settlement conference date.
IT IS FURTHER ORDERED that the parties shall follow Magistrate Judge Mix's Instructions for Preparation of Confidential Settlement Statements, a copy of which is attached.
Parties shall submit their Confidential Settlement Statement on or before April 16, 2008. Parties participating in ECF shall e-mail ONLY the Confidential Settlement Statement in PDF format to Mix Chambers@cod.uscourts.gov. All additional settlement materials (e.g., depositions transcripts, exhibits, etc.) are to be submitted to the court as hard copies. Any additional material shall be delivered to the office of the Clerk of the Court or mailed directly to Magistrate Judge Mix in an envelope marked "Confidential and Private per Magistrate Judge Mix's Order". Parties not participating in ECF shall submit all materials as hard copies.
Anyone seeking entry into the Alfred A. Arraj United States Courthouse or the Byron Rogers United States Courthouse will be required to show valid photo identification. See D.C.COLO.LCivR 83.2B.
INSTRUCTIONS FOR PREPARATION OF CONFIDENTIAL SETTLEMENT STATEMENTS ("CSS") for Submission to Magistrate Judge Mix Effective January 1, 2008
I. Introduction
I am sensitive to the demands placed on counsel by the varying requirements of our court's judicial officers. I carefully considered those demands before deciding that I must revise my settlement conference procedures in order to maximize the efficient use of the parties', counsels' and the court's time, and to ensure the greatest possibility of success in reaching mutually agreeable settlements. If you follow these instructions carefully, I will be able to use my best efforts towards resolution of your case. On the other hand, if you do not follow these instructions, I may require that you revise your CSS, or postpone or cancel the settlement conference. Thank you for your cooperation.II. Confidentiality
In our court, in order to protect the integrity of the process, settlement conferences are confidential. I take this policy very seriously. In conducting the settlement conference, I will not use information provided in your CSS unless you explicitly authorize me to do so. (When appropriate, I may suggest that you authorize me to disclose information.) Therefore, please include in your CSS a designation of all information that you do not wish me to share with the other party (parties) and/or counsel (see Section III. E. iii. below). You may not disclose information exchanged during the settlement conference to anyone who is not a party to the litigation, counsel to a party, or counsel's support staff.
III. Instructions Regarding Content of CSS
Please include the following information in your CSS:
A. An explanation of the facts of the case, computation of damages, and recitation of appropriate legal authority supporting the claims or defenses.
B. A numbered list of the known significant disputed issues of fact.
C. A numbered list of the known significant disputed legal issues.
D. An accurate and complete history of settlement negotiations, including dates and amounts of demands and offers.
E. An explanation of your preferences for how the settlement conference should proceed. For example, you may address the following issues:
i. Should each of the parties be physically separated, and why or why not?
ii. Given your knowledge of the case and the parties, your assessment of the most effective settlement conference method. Is the case more likely to settle by using a back-and-forth negotiating process or another method? Would a judicial evaluation of the merits of the case and/or its value be helpful or harmful?
iii. Designate all information that you do not wish me to share with the other party (parties) and/or counsel.
F. A good faith evaluation of the value of the case, considering the facts, provable damages, damages limitations (if any), legal issues, witness strengths and weaknesses, procedural status, timing of trial, comparable case verdicts, and any other information you believe to be relevant, AND a good faith explanation of why you value the case as you do.
G. A settlement demand or offer.
IV. Instructions for Filing of CSS
If you participate in ECF, please e-mail the CSS in PDF format to my chambers: Mix Chambers@cod.uscourts.gov. All additional settlement materials ( e.g. deposition transcripts, exhibits, etc.) must be submitted to the court in hard copies. Please mail or deliver additional materials either to the Clerk of the Court or directly to me in an envelope marked "Confidential and Private per Magistrate Judge Mix's Order." If you do not participate in ECF, you should mail or deliver your CSS and additional materials as hard copies, as instructed above.
V. Entry to the Courthouse and Cellular Telephones
Anyone seeking entry into the Alfred A. Arraj United States Courthouse or the Byron Rogers United States Courthouse will be required to show valid photo identification. Cellular telephones with cameras are not permitted in United States Courthouses. Please don't bring them unless you have explicit permission to do so from appropriate Court personnel. .