United States District Court, D. Colorado
SURF ASSOCIATES, INC., a Colorado corporation also known as BC Surf & Sport, BC NORTHWEST, LLC, a Colorado limited liability company, BC SURF & SPORT GRAND JUNCTION, LLC, a Colorado limited liability company, SURF ASSOCIATES EAST, INC., a Florida corporation, DEERFIELD BOARD SHOP, LLC, a Florida limited liability company, and B.C. DISTRIBUTION COMPANY, a Florida corporation, Plaintiffs,
VISA, INC., VISA U.S.A., INC., VISA INTERNATIONAL SERVICE ASSOCIATION, MASTERCARD INCORPORATED, and MASTERCARD INTERNATIONAL, INCORPORATED, Defendants.
ORDER SETTING SCHEDULING/PLANNING CONFERENCE (AS AMENDED EFFECTIVE AUGUST 7, 2014)
Kristen L. Mix United States Magistrate Judge
The above captioned case has been assigned to Magistrate Judge Kristen L. Mix pursuant to D.C.COLO.LCivR 40.1(c). See [#6]. The parties are reminded that they “must complete and file the . . . Consent/Non-Consent Form at the earlier of (1) no later than seven days before the scheduling conference, if any; or (2) 45 days after the filing of the first response, other than an answer, to the operative complaint. All parties must either consent to the exercise of magistrate judge jurisdiction, or any party may decline to consent. In either event, filing of the Consent/Non-Consent Form is mandatory, indicating either the unanimous consent of the parties or that at least one party has declined to consent.” Id. at 1 (emphasis added).
A. Date of Scheduling Conference
IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Fed.R.Civ.P. 16(b) shall be held on March 24, 2016, commencing at 10:30 a.m. in Courtroom A-401, Fourth Floor, Alfred A. Arraj United States Courthouse, 90119th Street, Denver, Colorado.
B. How to Request Different Date for Scheduling Conference
If this date is not convenient for any counsel or pro se party, he or she shall file a motion to reschedule the conference to a more convenient date, and shall list dates in the motion which are available for all counsel and pro se parties. Absent exceptional circumstances, no request for rescheduling any appearance in this court will be considered unless a motion is made five (5) business days in advance of the date of appearance.
C. How to Request Appearance By Telephone at Scheduling Conference
If you wish to appear at the Scheduling Conference by telephone, you must file a motion seeking permission to appear by telephone and setting forth good cause for a telephonic appearance. No motion for any telephonic appearance will be granted unless it is filed at least five (5) business days in advance of the date of appearance.
D. Plaintiff’s Duty to Notify Parties of Scheduling Conference
The plaintiff shall notify all parties who have not entered an appearance as of the date of this Order of the date and time of the Scheduling/Planning Conference set forth above.
E. Parties’ Obligations Before Scheduling Conference
1. Scheduling Order
IT IS ORDERED that counsel and pro se parties in this case are to hold a pre-scheduling conference meeting pursuant to Fed.R.Civ.P. 26(f)(1) at least twenty-one (21) days before the proposed scheduling order is due to be tendered and prepare a proposed Scheduling Order in accordance with Fed.R.Civ.P. 26(f), as amended. The instructions for completing the Scheduling Order may be found on the Court’s website (www.cod.uscourts.gov) with the scheduling order forms. Please be aware there are multiple forms of Scheduling Order available on the Court’s website under the “Forms” link: one form for ERISA cases, one form for patent cases, and one form for all other non-administrative review cases. PLEASE USE THE CURRENT and CORRECT FORM FOR YOUR CASE.
Pursuant to Fed.R.Civ.P. 26(d), as amended, no discovery is to be exchanged until after the Rule 26(f) conference meeting. The parties shall include the following language in Section 8, Paragraph (d) of their ...