Opinion
Civil Action No. 11-cv-02558-REB-CBS
06-18-2012
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. CENTURY SHREE CORP., d/b/a HAMPTON INN & SUITES, CENTURY RAMA INC., d/b/a HAMPTON INN & SUITES, Defendants.
Magistrate Judge Craig B. Shaffer
ORDER SETTING SETTLEMENT CONFERENCE
Pursuant to the Order (doc. #12) granting the parties request for a court ordered settlement conference by District Judge Robert E. Blackburn filed on December 21, 2011, this case has been referred to Magistrate Judge Craig B. Shaffer for settlement purposes and with the authority to convene such settlement conferences and direct related procedures as may facilitate resolution of this case. See 28 U.S.C. §636(b)(1)(A) and (B) and FED.R.CIV.P. 72(a) and (b).
On January 5, 2012, the court held a telephonic status conference with the parties to discuss setting a settlement conference. A settlement conference was not set at the hearing. On June 15, 2012, the court received an email from both parties requesting a court sponsored settlement conference. Accordingly,
IT IS HEREBY ORDERED:
The court shall hold a settlement conference on
July 19, 2012 at
1:30 p.m. (Mountain Time)
The conference shall be held in Courtroom A-402, Fourth Floor, Alfred A. Arraj U.S. Courthouse, 901 19 Street, Denver, Colorado.
day of June, 2012.
Parties are to submit respective confidential settlement statements on or before:
July 12, 2012
Each statement should contain the following:
1. A candid assessment of the of the case from the presenter's point of view;
2. A summary of the evidence which supports that side's claims;
3. Remarks toward any perceived weaknesses in the case;
4. Present a demand or offer each client will accept or pay in settlement (including any essential non-economic terms); and
5. Any observations or additional information which would be helpful to the magistrate in assisting the parties to negotiate a settlement.
**Parties are advised that pro-forma or standard settlement memos are not helpful.**
Parties participating in ECF may e-mail their Confidential Settlement Statement, not to exceed fifteen (15) pages (including any attachments), in PDF format to Shaffer_Chambers@cod.uscourts.gov . Confidential settlements that are over fifteen (15) pages are to be submitted to the court as hard copies and shall be delivered to the office of the Clerk of the Court in an envelope marked "PRIVATE PER MAGISTRATE JUDGE SHAFFER'S ORDERS".
Counsel are ORDERED to 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 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.
No party shall be permitted to attend the settlement conference by phone, 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.
No person is ever required to settle a case on any particular terms or amounts. However, if any person attends the settlement conference without full authority, and the case fails to settle, that party may be ordered to pay the attorneys' fees and costs for the other side.
Please remember that anyone seeking entry into the Alfred A. Arraj United States Courthouse will be required to show valid photo identification. See D.C.COLO.LCivR 83.2B.
DATED at Denver, Colorado, this 18
BY THE COURT:
_____________
Craig B. Shaffer
United States Magistrate Judge.