IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Kathleen M. Tafoya

Civil Action No. 11–cv–02683–RBJ–KMT

E. ELLEN WESSLER, and

MONTY WESSLER,

Plaintiffs,

v. 

COLONIAL NATIONAL MORTGAGE, a division of COLONIAL SAVINGS, F.A.,

WELLS FARGO BANK,

MORTGAGE ELECTRONICS REGISTRY SYSTEMS, INC.,

CASTLE STAWIARSKI, LLC,

JOHN OR JANE DOES 1-1000, Unknown Investors, and

JOHN ROES 1-20, Undisclosed Mortgage Aggregators, Mortgage Originators, Loan Sellers,

Trustees of Pooled Assets, and/or Trustees for Holders of Certificates of Collateralized Mortgage

Obligations, and All Unknown Persons Who Claim any Interest in the Subject Matter of this

Action,

Defendants.

ORDER SETTING SETTLEMENT CONFERENCE

A settlement conference is hereby scheduled in this case for May 24, 2012 in Courtroom

C-201, Second Floor of the Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver,

Colorado. The conference will begin at 1:30 p.m. and end no later than 5:00 p.m.

Counsel shall have parties present who shall have full authority to negotiate all terms and

demands presented by the case, and full authority to enter into a settlement agreement, including

an adjustor if an insurance company is involved. The presence of an insurance adjustor,

however, does not excuse the attendance of the party represented. 

“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

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which are demanded or sought by the other side of the case without consulting with some

other person, committee or agency. If the representative attending the settlement conference

can only receive authority to increase a pre-determined amount of money by making a telephone

call to someone else, the person to whom the phone call is made is the correct participant in the

settlement conference. 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. 

The court will consider awarding attorneys fees and costs against a participant in a

settlement conference who arrives at the conference without full authority as outlined

above.

No party or party representative shall be permitted to participate in the settlement

conference by telephone, unless that party has obtained leave of court following the filing of an

appropriate motion no later than five business days prior to the settlement conference date. Such

requests are not favored by the court.

No person is ever required to settle a case on any particular terms or amounts. However,

again, if any person attends the settlement conference without full authority, and the case fails to

settle, that party may be ordered to pay the attorney’s fees and costs for the other side.

In order that productive settlement discussions can be held, counsel shall prepare and

submit two settlement documents: one to be submitted to the other party or parties, and one

Confidential Settlement Statement to be submitted by e-mail only to Magistrate Judge Tafoya. 

The documents 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 support that side’s

claims, and may present a demand or offer. These documents should be intended to persuade the

clients and counsel on the other side.

The Confidential Settlement Statement prepared for and presented to Magistrate Judge

Tafoya should contain the following information:

1. A summary of the evidence, including:

a. a numbered list of the known significant disputed issues of fact; and

b. a numbered list of the known significant disputed legal issues.

2. A candid assessment of the case from the presenter’s point of view.

3. Remarks toward any perceived weaknesses in the case.

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4. An accurate and complete history of settlement negotiations, including dates, if

known, and amounts of demands and offers.

5. A computation of damages, including the theory of calculation and any legal

limitations on damages, and a demand or offer each client will accept or pay in

settlement (including any essential non-economic terms).

6. Any observations or additional information which would be helpful to Magistrate

Judge Tafoya in assisting the parties to negotiate a settlement.

The document is to be emailed to Magistrate Judge Tafoya (not submitted for filing to

the court) at Tafoya_Chambers@cod.uscourts.gov, in accordance with the electronic filing

procedures of this court, and shall contain copies of the materials submitted to the other parties. 

The settlement documents shall be submitted no later than five business days prior to the date

of the settlement conference. 

If the parties’ Confidential Settlement Statement and exhibits are not filed by the

deadline set by the court, the settlement conference will be vacated. 

Extensions of the deadline to file Confidential Settlement Statements require a showing

of good cause and should be sought by filing an appropriate motion. Extensions must be sought

before the deadline expires.

Counsel and the parties should plan to remain at the settlement conference for

approximately four hours after it begins. You will not be permitted to leave before that time for

any reason, unless excused by Magistrate Judge Tafoya. Travel arrangements should be made

accordingly.

Please remember that anyone seeking entry into the Byron Rogers United States

Courthouse will be required to show a valid photo identification. See D.C.COLO.LCivR 83.2B.

Dated this 30th day of March, 2012.

BY THE COURT:

Kathleen M. Tafoya

United States Magistrate Judge

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