HomeMy WebLinkAbout2017CV493 - HOWARD V. CITY OF FORT COLLINS, ET AL - 017 - MINUTE ORDER RE MEDIATIONIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 17-cv-00493-RPM
EUGENE HOWARD,
Plaintiff,
v.
CITY OF FORT COLLINS, and
KATHLEEN WALKER,
Defendants.
MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on September 5, 2017.
Pursuant to the Order of Reference issued by the Honorable Richard P. Matsch, ECF No. 15,
the Court will hold a Settlement Conference on October 19, 2017 at 10:30 a.m. in Courtroom
A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver,
Colorado.
Counsel shall have all parties present, including, but not limited to, an adjustor if an
insurance company is involved, who shall have full authority to negotiate all terms and demands
presented by the case, and full authority to enter into a settlement agreement. “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. If any person has limits
upon the extent or amount within which he or she is authorized to settle on behalf of a party, that
person does not have “full authority.” This requirement is not fulfilled by the presence of
counsel or an insurance adjustor alone.
In exceptional circumstances only, the appearance of an insurance representative by
telephone may be approved in advance of the conference. Any party seeking such relief should file
the appropriate motion with the Court.
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, or if a party or insurance
representative fails to attend the settlement conference without prior Court approval, and the case
fails to settle, that party may be ordered to pay the attorney’s fees and costs for the other side.
Furthermore, if, prior to the conference, one or both parties believe that the matter may not be ripe
for negotiations, the parties may contact Chambers to reschedule the conference to a more
appropriate time.
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So that we may hold productive settlement discussions on the day of the conference, counsel
shall prepare and submit two settlement documents: one to be submitted to the other party or
parties, and the other to be submitted by email only to the Magistrate Judge.
The document(s) which are presented to opposing counsel shall contain an overview of the
case from the presenter’s point of view, shall summarize the evidence which supports that side’s
claims, and may present a demand or offer. These documents should be intended to persuade the
opposing clients and counsel.
The second document shall be emailed to the Magistrate Judge (not submitted for filing to
the court) at Hegarty_Chambers@cod.uscourts.gov. This document shall contain the content or
copies of the first document along with any confidential comments the party or counsel wishes to
make, including any comments with regard to perceived weaknesses in the case and any comments
which would be helpful to the Magistrate Judge in assisting the parties to negotiate a settlement.
The settlement documents shall be submitted no later than five business days prior to the
date of the settlement conference. Statements and exhibits consisting of more than 30 pages are to
be submitted to Chambers in hard copy via regular mail or hand delivery. Statements hand delivered
to Chambers shall be delivered directly to Suite A542 on the fifth floor of the Alfred A. Arraj United
States Courthouse, 901 19th Street, Denver, Colorado.
Please remember that 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).
Also, please also note that the Court does not provide wireless access.
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