IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Craig B. Shaffer

Civil Action No.: 11-cv-02219-LTB-CBS FTR - Reporter Deck - Courtroom A402

Date: May 1, 2012 Courtroom Deputy: Robin Mason

Parties: Counsel:

ELVIS BAKER, et al., 

Plaintiffs,

Erica A. Vecchio

v.

DAVID THOMSON, et al., 

Defendants.

Andrew Keith Lavin

William A. Rogers , III

COURTROOM MINUTES/MINUTE ORDER

HEARING: TELEPHONIC STATUS CONFERENCE

Court in Session: 9:17 a.m. 

Court calls case. Appearances of counsel.

Discussion regarding where the parties are at with respect to engaging in settlement talks and

setting a settlement conference. Mr. Rogers discusses unresolved factors that may impact the

parties ability to reach a settlement: Mrs. Doris Baker’s passing, Mrs. Baker’s claims being

dismissed, and the filing of a wrongful death claim (want to amend the complaint to include this

claim).

The court advises the parties that the plaintiff’s MOTION to Amend/Correct/Modify #2

Complaint (Docket No. 25, field on 4/2/2012) has not referred to Magistrate Judge Shaffer but he

has reviewed it. The court advises that this motion, in its current form, should be withdrawn. 

The court also reminds the parties that the Local Rules need to be adhered to when filing

motions. This motion was filed on April 2, 2012 but the deadline for amendment of pleadings

and/or joinder of parties was November 30, 2011. The court advises that first good cause would

need to be shown according to Rule 16(b) before the court can extend this deadline to allow a

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motion seeking leave to amend (in accordance with Rule 15(a)). Discussion regarding the letter

from Dr. Michael Martine. Ms. Vecchio advises that she would be happy to file a new motion to

amend and attempt to get more information from Dr. Michael Martino.

The court addresses the parties regarding moving forward in an attempt to reach a settlement in

this case pertaining to both named plaintiffs. 

ORDERED: Counsel for the plaintiff shall speak with her client to see how he wants to

proceed. If he wants to move forward with the wrongful death claim the motion

will be ruled on. If a settlement is desired then the plaintiff’s MOTION to

Amend/Correct/Modify #2 Complaint (Docket No. 25, field on 4/2/2012) should

be withdrawn. The parties shall move forward with exchanging offers and

contact the court if a settlement conference is needed. 

Discussion regarding the plaintiff’s First MOTION for Extension of Time to File Expert

Disclosurs [sic] (Docket No. 29, filed on 4/24/2012) and Rule 26(a)(2).

ORDERED: The plaintiff's First MOTION for Extension of Time to File Expert Disclosurs

[sic] (Docket No. 29, filed on 4/24/2012) is DENIED without prejudice.

Discussion between the court and Mr. Rogers regarding Mrs. Baker’s claims and Rule 25. The

parties may file a stipulation motion to dismiss her claims and amend the case caption. The

court advises that it cannot dismiss anything right now according to Rule 636(b).

HEARING CONCLUDED.

Court in recess: 9:53 a.m.

Total time in court: 00:36

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at

(303) 825-6119 or toll free at 1-800-962-3345.

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