1

The term “party” as used in this Order means counsel for any party represented by a

lawyer, and any pro se party not represented by a lawyer.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Craig B. Shaffer

Civil Action No.11-cv-02235-MSK-CBS

UNITED STATES OF AMERICA,

Plaintiff,

v.

OPHYLL D’COSTA; and

MARGARET D’COSTA,

Defendants.

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE

AND RULE 26(f) PLANNING MEETING

This case has been referred to Magistrate Judge Craig B. Shaffer by District Judge Marcia S.

Krieger, pursuant to the Order of Reference filed August 31, 2011. See 28 U.S.C. §636(b)(1)(A) and (B)

and FED.R.CIV.P. 72(a) and (b).

IT IS HEREBY ORDERED:

(1) The court shall hold a FED.R.CIV.P. 16(b)scheduling and planning conference on

November 9, 2011, at

10:00 a.m. (Mountain Time)

The conference shall be held in Courtroom A-402, Fourth Floor, Alfred A. Arraj U.S. Courthouse, 901 19th

Street, Denver, Colorado. If this date is not convenient for any party1, he or she shall confer with opposing

parties and contact the court to reschedule the conference to a more convenient time. 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.

Case 1:11-cv-02235-MSK-CBS Document 6 Filed 09/07/11 USDC Colorado Page 1 of 4
2

A copy of instructions for the preparation of a scheduling order and a form scheduling order can

be downloaded from the “Forms” section on the Court’s website

(http://www.cod.uscourts.gov/Forms.aspx) under the heading “Standardized Order Forms.” 

In accordance with D.C.COLO.ECF. PROC. 5.12, the parties shall file their proposed scheduling

order and also email an editable version to Shaffer_Chambers@cod.uscourts.gov no later than:

Seven (7) days prior to the

conference.

The plaintiff shall notify all parties who have not yet entered an appearance of the

date and time of the scheduling/planning conference, and shall provide a copy of this Order

to those parties.

(2) In preparation for the scheduling/planning conference, the parties are directed to confer in

accordance with FED.R.CIV.P. 26(f), no later than: 

Twenty-one (21) days prior to the

conference.

The court strongly encourages the parties to meet face to face, but should that prove impossible, the parties

may meet by telephone conference. All parties are jointly responsible for arranging and attending the Rule

26(f) meeting.

During the Rule 26(f) meeting, the parties shall discuss the nature and basis of their claims and

defenses and the possibilities for a prompt settlement or resolution of the case, make or arrange for the

disclosures required by FED.R.CIV.P. 26(a)(1), and develop their proposed scheduling/discovery plan. The

parties should also discuss the possibility of informal discovery, such as conducting joint interviews with

potential witnesses, joint meetings with clients, depositions via telephone, or exchanging documents

outside of formal discovery.

In those cases in which: (i) the parties’ substantive allegations involve extensive computergenerated records; (ii) a substantial amount of disclosure or discovery will involve information or records

in electronic form (i.e., e-mail, word processing, databases); (iii) expert witnesses will develop testimony

based in large part on computer data and/or modeling; or (iv) any party plans to present a substantial

amount of evidence in digital form at trial, the parties shall confer regarding steps they can take to preserve

computer records and data, facilitate computer-based discovery and who will pay costs, resolve privilege

issues, limit discovery costs and delay, and avoid discovery disputes relating to electronic discovery. The

parties shall be prepared to discuss these issues, as appropriate, in the proposed Scheduling Order and at

the scheduling and planning conference. 

Case 1:11-cv-02235-MSK-CBS Document 6 Filed 09/07/11 USDC Colorado Page 2 of 4
3

These are the minimum requirements for the Rule 26(f) meeting. The parties are encouraged to

have a comprehensive discussion and are required to approach the meeting cooperatively and in good

faith. The parties are reminded that the purpose of the Rule 26(f) meeting is to expedite the disposition of

the action, discourage wasteful pretrial activities, and improve the quality of any eventual trial through

more thorough preparation. The discussion of claims and defenses shall be a substantive, meaningful

discussion. 

The parties are reminded that pursuant to FED.R.CIV.P. 26(d), no discovery shall be sought prior to

the Rule 26(f) meeting.

(3) The parties shall comply with the mandatory disclosure requirements of FED.R.CIV.P. 26(a)(1)

no later than:

Seven (7) days prior to the

conference.

Counsel and parties are reminded that mandatory disclosure requirements encompass computer-based

evidence which may be used to support claims or defenses. Mandatory disclosures must be supplemented

by the parties consistent with the requirements of FED.R.CIV.P. 26(e). Mandatory disclosures and

supplementation are not to be filed with the Clerk of the Court.

(4) This matter also is referred to Magistrate Judge Shaffer for settlement purposes and with the

authority to convene such settlement conferences and direct related procedures as may facilitate resolution

of this case. The scheduling and planning conference is not a settlement conference, and no client

representative is required to appear. Nonetheless, to facilitate an early evaluation for the possibility of

settlement, counsel shall e-mail a brief (15 pages or less, including any attachments) Confidential

Settlement Statement in PDF format to Shaffer_Chambers@cod.uscourts.gov no later than:

Seven (7) days prior to the conference.

This statement shall briefly outline the facts and issues involved in the case, and the possibilities for

settlement, including any settlement authority from the client. 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.”

Pro se parties shall submit a single copy of their confidential settlement statement, on paper and

marked “Personal and Confidential,” either by hand delivery to the Clerk’s Office or mailed directly to

Magistrate Judge Shaffer at 901 19th Street, Denver, Colorado 80294.

(5) All parties are expected to be familiar with the United States District Court for the District of

Colorado Local Rules of Practice (D.C.COLOL.CIVR.). Copies are available from Office of the Clerk,

Case 1:11-cv-02235-MSK-CBS Document 6 Filed 09/07/11 USDC Colorado Page 3 of 4
4

United States District Court for the District of Colorado, or through the District Court’s web site:

www.cod.uscourts.gov. 

All out-of-state counsel shall comply with D.C.COLOL.CIVR. 83.3 prior to the

Scheduling/Planning Conference.

DATED at Denver, Colorado, this 7th day of September, 2011.

BY THE COURT:

s/Craig B. Shaffer 

Craig B. Shaffer

United States Magistrate Judge

Case 1:11-cv-02235-MSK-CBS Document 6 Filed 09/07/11 USDC Colorado Page 4 of 4