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Plaintiffs represent in the title of their Motion that the relief requested is unopposed;

however, Plaintiffs provide no indication that they conferred with Defendant or Defendant’s counsel

in accordance with D.C. Colo. LCivR 7.1A prior to filing their Motion. 

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02673-RPM-MEH

TIMOTHY MCELWANEY, and

TABITHA BURKS,

Plaintiffs,

v.

TRS RECOVERY SERVICES, INC.,

Defendant.

MINUTE ORDER

Entered by Michael E. Hegarty, United States Magistrate Judge, on December 14, 2011.

Plaintiffs’ “Unopposed” Motion to Vacate Scheduling Conference [filed December 8, 2011;

docket #8] is granted in part and denied in part.

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 The date of the Scheduling Conference

identified in Plaintiffs’ Motion is incorrect. Pursuant to the Court’s November 7, 2011 minute order,

the Scheduling Conference is currently set for January 6, 2012, rather than January 3, 2012. See

docket #5. However, in light of this Motion, the Scheduling Conference set for January 6, 2012 is

vacated and rescheduled for February 8, 2012 at 9:45 a.m. and will take place in Courtroom A501

on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver,

Colorado. Absent exceptional circumstances, no request for rescheduling will be entertained unless

made five business days prior to the date of the conference. 

Plaintiffs shall notify all parties who have not entered an appearance of the date and time of

the Scheduling Conference. 

Parties or lawyers whose offices are located outside of the Denver metropolitan area may

appear at scheduling conferences by telephone. Please contact Chambers at (303) 844-4507 at least

five business days prior to the scheduling conference to arrange appearance by telephone. Lawyers

appearing by telephone must ensure that the proposed Scheduling Order is filed electronically and

by email no later than five business days prior to the scheduling conference, in accordance with the

instructions in this minute order.

It is further ORDERED that counsel for the parties in this case are to hold a pre-scheduling

conference meeting and jointly prepare a proposed Scheduling Order in accordance with Fed. R.

Case 1:11-cv-02673-RPM-MEH Document 10 Filed 12/14/11 USDC Colorado Page 1 of 2
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Civ. P. 26(f) on or before January 18, 2012. Pursuant to Fed. R. Civ. P. 26(d), no discovery shall

be submitted until after the pre-scheduling conference meeting, unless otherwise ordered or directed

by the Court. 

The parties shall file the proposed Scheduling Order with the Clerk’s Office, and in

accordance with District of Colorado Electronic Case Filing (“ECF”) Procedures V.L., no later than

five (5) business days prior to the scheduling conference. The proposed Scheduling Order is also

to be submitted in a useable format (i.e., Word or WordPerfect only) by email to Magistrate

Judge Hegarty at Hegarty_Chambers@cod.uscourts.gov. 

Parties not participating in ECF shall file their proposed Scheduling Order on paper with the

clerk’s office. However, if any party in this case is participating in ECF, it is the responsibility of

that party to file the proposed scheduling order pursuant to the District of Colorado ECF Procedures.

The parties shall prepare the proposed Scheduling Order in accordance with the form

which may be downloaded in richtext format from the Standardized Order Forms section of

the Court’s website, found at http://www.co.uscourts.gov/forms_frame.htm. All Scheduling

Conferences held before a Magistrate Judge utilize the same scheduling order format, regardless of

the District Judge assigned to the case.

Any out-of-state counsel shall comply with D.C. Colo. LCivR 83.3C prior to the Scheduling

Conference.

The parties are further advised that they shall not assume that the Court will grant the relief

requested in any motion. Failure to appear at a Court-ordered conference or to comply with a Courtordered deadline which has not be vacated by Court order may result in the imposition of sanctions.

Finally, the parties or counsel attending the Conference should be prepared to informally

discuss settlement of the case. There is no requirement to submit confidential settlement

documents/letters to the Court beforehand or to have parties present who shall have full authority

to negotiate all terms and demands presented by the case.

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 83.2B.

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