Exelon Generation Company LLC v. Osceola Arkansas, City of

Filing 23

ORDER directing the parties of representatives with full settlement authority be present for the Settlement Conference in this case scheduled for Friday, September 25, 2015, at 9:30 a.m. in Jonesboro, Arkansas, 615 S. Main Street, Room 324. Each part y or counsel must provide the Court with a confidential letter (not to be exchanged with opposing counsel or filed with the Clerk's office). The Court will not disclose anything contained in this confidential letter. Please send the confidential letters via email to chambers. Signed by Magistrate Judge Jerry W. Cavaneau on 8/20/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
EXELON GENERATION COMPANY, LLC
Vs.

PLAINTIFF

CASE NO. 3:15cv00082 DPM

CITY OF OSCEOLA, ARKANSAS

DEFENDANT

ORDER
This case is set for a settlement conference on Friday, September 25, 2015, 9:30
a.m., in the chambers and library for Room 324, Federal Office Building, 615 S. Main,
Jonesboro, Arkansas, before Magistrate Judge Jerry W. Cavaneau.
THE PARTIES OR REPRESENTATIVES WITH FULL SETTLEMENT AUTHORITY
(OTHER THAN COUNSEL) ARE DIRECTED TO BE PRESENT FOR THE CONFERENCE.
Counsel have confirmed the above date is acceptable to all parties. Therefore, we trust no
party or representative has a conflict with the setting and non-appearance by a party or
representative may result in sanctions. It is impossible for a party or representative who is
not present to fully appreciate the process and the reasons that may justify a change in
one's perspective towards settlement.
For this settlement conference to be as productive as possible, I am requesting each
of you to provide the Court with a confidential letter (not to be exchanged with opposing
counsel or filed with the Clerk’s office). The Court will not disclose anything contained in this
confidential letter to opposing counsel before, during, or after the settlement conference,
unless expressly authorized to do so.
Each party’s confidential letter should candidly discuss the following issues:
(1)

The current status of settlement negotiations, including the most recent

settlement demand and settlement offer that has been exchanged.
(2)

Each side’s current realistic assessment of the actual range within which this
case should be settled.

(3)

Each side should identify the major obstacles to reaching settlement; discuss
how each of these obstacles impacts settlement; and, set forth its best ideas
on how each of these obstacles can be overcome.

(4)

I will have read the pleadings and materials of record prior to the conference.
The parties are free to submit additional materials or statements clarifying the
issues, or which they feel will help me prepare for the conference.

Please send your confidential letter and any other materials to me, via e-mail
([e-mail]), facsimile (501.604.5207), regular mail, or hand delivery,
so that I will receive them no later than Friday, September 18, 2015. Delivery by more than
one means is not necessary.
I will use a mediation format with an opening joint session followed by private
caucusing with each side. No evidence of settlement discussion will be admissible at trial
or disclosed to the trial judge or his staff.
IT IS SO ORDERED this 20th day of August, 2015.

UNITED STATES MAGISTRATE JUDGE