Opinion
Civil Action No. 12-cv-00197-CMA-BNB
05-01-2012
STATES RESOURCES CORP., an Iowa corporation, Plaintiff, v. MARK KAUFFMAN, and CAROL KAUFFMAN, Defendants.
Magistrate Judge Boyd N. Boland
ORDER
This matter arises on the Joint Motion to Hold Case In Abeyance Pending Settlement Negotiations [Doc. # 21, filed 4/26/2012] (the "Joint Motion").
As the result of an extension, the defendants' response to the complaint was due on or before April 26, 2012. Rather than respond, the parties filed the Joint Motion. The Joint Motion reports that "[t]he parties have been negotiating diligently to determine whether a settlement of this dispute can be reached" and requests that "the court hold the case, and associated pretrial deadlines, in abeyance for a 21-day period to provide sufficient time for the parties to conduct and conclude negotiations." Joint Motion [Doc. # 21] at ¶¶3-4.
Settlement is encouraged provided the settlement process does not unnecessarily delay the preparation of a case for trial. Although I will not "hold the case in abeyance" as the parties request, I will extend deadlines to allow the parties the requested 21 days to either achieve a settlement or determine that settlement is not possible at this time.
IT IS ORDERED:
(1) The Joint Motion [Doc. # 21] is DENIED.
(2) The defendants may have to and including May 28, 2012, within which to answer or otherwise respond to the complaint.
(3) A scheduling conference is set for June 12, 2012, at 2:00 p.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. On or before June 5, 2012, counsel shall tender a proposed scheduling order that complies with the requirements of Appendix F, D.C.COLO.LCivR. The parties shall complete their Rule 26(a)(1) disclosures on or before June 5, 2012.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge