LegalZoom.com Inc v. Rocket Lawyer Incorporated

Filing 206

ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Suzanne H. Segal. This case has been referred to Magistrate Judge Suzanne H. Segal for settlement proceedings.The Settlement Conference is placed on calendar for Tuesday, March 17, 2015 at 1:00 p.m., Courtroom 23, Third Floor, 312 N. Spring Street, Los Angeles, California 90012. No later than five (5) court days prior to the conference, each party shall submit a Settlement Conference Statement directly to Judge Segal via email to ss_chambers@cacd.uscourts.gov. (See document for further details). (mr)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 LegalZoom.com, Inc., 11 Plaintiff(s), 12 13 v. Rocket Lawyer Incorporated, 14 Defendant(s). ) ) ) ) ) ) ) ) ) ) NO. CV 12-9942 JEM Referred for settlement proceedings to Magistrate Judge Suzanne H. Segal ORDER RE SETTLEMENT CONFERENCE DATE: TIME: PLACE: March 17, 2015 1:00 p.m. COURTROOM 23 15 16 PLEASE READ THIS ORDER CAREFULLY - PLEASE REVIEW PARAGRAPHS 3, 17 4, 6, 8, 9, 10 AND 11 WHICH INCLUDE MANDATORY REQUIREMENTS FOR 18 ALL PARTIES WHO PARTICIPATE IN THIS CONFERENCE 19 20 21 This case has been referred to Magistrate Judge Suzanne H. Segal for settlement proceedings. 22 23 The Settlement Conference is placed on calendar for Tuesday, 24 March 17, 2015 at 1:00 p.m., Courtroom 23, Third Floor, 312 N. Spring 25 Street, Los Angeles, California 90012. The Magistrate Judge will not be 26 involved in the actual trial of the case and will assist the parties in 27 an objective appraisal and evaluation of the case. 28 guidelines for the parties in preparing for the Settlement Conference. The following are 1 1. The purpose of the Settlement Conference is to permit an 2 informal discussion between the attorneys, parties, non-party 3 indemnitors or insurers, and the settlement judge, of every aspect of 4 the case bearing on its settlement value. 5 6 2. Pursuant to Local Rule 16-15.8, all settlement proceedings 7 shall be confidential and no statement made therein shall be admissible 8 in any proceeding in the case, unless the parties otherwise agree. 9 part of a settlement proceeding shall be reported or otherwise recorded, 10 without the consent of the parties, except for any memorialization of a 11 settlement. No 12 13 3. Counsel who will try the case must be present. In addition, 14 a person with full settlement authority should likewise be present for 15 the conference. 16 your client or, if a corporate or governmental entity, of an authorized 17 and knowledgeable representative of your client. 18 representative 19 representative’s discretion, to authorize dismissal of the case with 20 prejudice, 21 settlement judge down to the defendant’s last offer made prior to the 22 settlement conference. 23 settlement 24 representative’s discretion, a settlement amount recommended by the 25 settlement judge up to the plaintiff’s prayer (excluding punitive damage or This requirement contemplates the physical presence of must to have accept authority full a and settlement final The plaintiff’s authority, amount recommended in by the the The defendant’s representative must have final to commit the 26 27 28 2 defendant to pay, in the 1 prayers), or up to the plaintiff's last demand made prior to the 2 settlement conference, whichever is lower.1 3 4 The purpose of this requirement is to have representatives present 5 who can settle the case during the course of the conference without 6 consulting a superior. 7 COURT TO CANCEL THE SETTLEMENT CONFERENCE. ANY VIOLATION OF THIS REQUIREMENT MAY CAUSE THE 8 9 Either at a telephonic conference prior to the date of the 10 settlement conference (which will only take place if the Court requests 11 such a telephonic conference) or at the beginning of the settlement 12 conference, the Court will ask each counsel to identify who will appear 13 on behalf of the party. 14 Central District of California, the client will be expected to appear in 15 person. 16 raised at the telephonic conference. 17 conference prior to the actual settlement conference would be helpful, 18 that party should contact Judge Segal's courtroom deputy clerk. Even if your client is located outside the Any other issues relevant to the settlement conference may be If a party believes a telephonic 19 20 Any relief from the requirement of a party's presence may only be 21 granted by the Court, following a motion or ex parte application from 22 the party seeking relief. 23 ever, be granted and only upon a showing of exceptional good cause.2 Relief from this requirement will rarely, if 24 25 26 27 28 1 This rule does not apply to cases involving pro se plaintiffs. However, Defendant must have a representative present with appropriate authority to settle the case. 2 The provisions of Local Rule 16-15.5(b) are inapplicable to this Order. Parties may only appear by telephone with prior approval of the Court. Only the United States, its agencies or employees are 3 1 4. If Board approval is required to authorize settlement, the 2 attendance of at least one sitting and knowledgeable member of the Board 3 (preferably the Chairman) is absolutely required. 4 5 5. Counsel appearing without their clients (whether or not 6 counsel purportedly have been given settlement authority) will cause the 7 settlement conference to be canceled and rescheduled. 8 party, attorney, 9 incurred 10 by The noncomplying or both, may be assessed the costs other parties as a result of such and expenses cancellation and rescheduling. 11 12 6. Any insurance company that is contractually required to defend 13 or to pay damages assessed within policy limits also should have a 14 settlement 15 representative must 16 company 17 recommended by the settlement judge within the policy limits. 18 purpose of this requirement is to have an insurance representative 19 present who can settle the outstanding claim or claims during the course 20 of 21 representative authorized to pay, in his or her discretion, up to the 22 plaintiff’s last demand made prior to the settlement conference will 23 also satisfy this requirement. 24 for timely advising any involved non-party insurance company of the 25 requirements of this Order. the to representative pay, conference present have final in the without at the settlement authority representative’s consulting a to commit the discretion, superior. Such An an amount The insurance Counsel of record will be responsible 26 27 28 conference. entitled to rely upon Local Rule 16-15.5(b). 4 1 7. The settlement judge may, in her discretion, converse with the 2 lawyers, the parties, the insurance representatives, or any one of them 3 outside of the hearing of the others. 4 such separate sessions are not to be used by counsel in settlement 5 negotiations with opposing counsel. 6 order to avoid intentional or unintentional misquotation of the judge’s 7 comments. 8 hindrance to settlement. The comments of the judge during This is a necessary requirement in Violation of this policy may be misleading and therefore a 9 10 8. Prior to the Settlement Conference, the attorneys are directed 11 to discuss settlement with 12 representatives, so that the parameters of possible settlement will have 13 been explored well in advance of the Settlement Conference. 14 Settlement Conference, each party shall be fully prepared to discuss all 15 economic 16 settlement of the case. and non-economic their respective clients and factors relevant to a full insurance and At the final 17 18 19 In addition, the Court ORDERS that the following occur prior to the settlement conference: 20 21 22 8 days prior to the date of the conference, Plaintiff(s) must serve a detailed written demand on Defendant(s); 23 24 25 4 days prior to the date of the conference, Defendant(s) must serve a detailed written counter offer to Plaintiff(s); 26 27 28 2 days prior to the date of the conference, Plaintiff(s) must serve a written Reply to the Counter Offer; 5 1 2 The settlement statements of each party must include a summary of the history of these exchanges. 3 4 9. No later than five (5) court days prior to the conference, 5 each party shall submit a Settlement Conference Statement directly to 6 Judge Segal via email to ss_chambers@cacd.uscourts.gov. 7 copy is necessary for Judge Segal other than the electronic version 8 served via email. 9 relevant parties in the action on the same date. No courtesy The parties shall serve the Statements on all The Statements should 10 not be filed with the Clerk of the Court and they will not be made part 11 of the case file. 12 exceed ten (10) pages in length. 13 relevant to settlement discussions. The Statements shall be double-spaced and shall not Parties may attach exhibits that are 14 15 16 The parties respective Settlement Conference Statements shall include the following: 17 18 A. A brief statement of the facts of the case, including the 19 party’s claims and defenses. The statement should include citations to 20 the applicable statutory or other grounds upon which claims or defenses 21 are based. 22 issues in dispute, and cite any controlling authorities. This statement should identify the major factual and legal 23 24 B. An ITEMIZED STATEMENT OF THE DAMAGES claimed, and of any 25 other relief sought. 26 This is one of the most critical aspects of the party’s statement. 27 28 6 1 2 C. A summary of the proceedings to date, including any case management dates/deadlines already set by the District Judge. 3 4 5 D. A history of past settlement discussions, offers and demands, INCLUDING THE DEMANDS/OFFERS DESCRIBED IN PARAGRAPH 8. 6 7 10. Each party shall also prepare a Confidential Addendum to 8 Settlement Conference Statement, which shall be delivered directly to 9 Judge Segal only (again via email only, no courtesy copy required), 10 along with the Settlement Conference Statement. The Confidential 11 Addendum shall not be filed with the Court or served upon the other 12 parties. The Confidential Addendum shall contain: 13 14 15 A. A forthright evaluation of the party’s likelihood of prevailing on each of its claims and/or defenses. 16 17 B. The approximate amount of attorney’s fees, time and costs 18 expended to date, and an estimate of the fees, time and costs to be 19 expended for (i) further discovery, (ii) pretrial and (iii) trial. 20 21 C. The party’s evaluation of the terms on which the case 22 could be settled fairly, taking into account the litigation position and 23 settlement position of the other side. 24 25 11. In the event both parties agree that a settlement conference 26 at this point in the litigation would not be meaningful, after the above 27 described steps are completed, the parties are instructed to telephone 28 Judge Segal’s courtroom deputy clerk at (213) 894-0958 and inform her of 7 1 this information. The Court will then hold the settlement conference 2 telephonically and will notify the parties of the date of the telephonic 3 conference. 4 5 12. Counsel should have available for the Court’s review copies of 6 all critical documents (i.e., pleadings, declarations or witness 7 statements, business records, personnel files, etc.) in the case, as 8 well as copies of all important witnesses’ deposition transcripts, if a 9 party believes such documents will assist in the evaluation of the case. 10 If a party’s settlement position is predicated on the recoupment or 11 recovery of attorney’s fees and/or costs, then its counsel should have 12 available 13 substantiating both the time expended and the expenses incurred. for the Court’s review copies of billing records 14 15 13. If settlement between any or all parties is reached as a 16 result of the Settlement Conference, it is the responsibility of all 17 counsel to immediately report the settlement to the District Judge’s 18 courtroom deputy clerk, as well as to timely memorialize the settlement. 19 See Local Rule 16-15.7. 20 \\ 21 \\ 22 \\ 23 \\ 24 \\ 25 \\ 26 \\ 27 28 8 1 14. All papers submitted for the Settlement Conference will either 2 be returned to the parties or destroyed by Judge Segal, after the 3 settlement proceedings 4 otherwise. The Court expresses its appreciation to counsel for their 5 cooperation with these procedures and looks forward to a productive 6 conference. are concluded, unless the parties 7 8 9 DATED: January 13, 2015 /S/ SUZANNE H. SEGAL UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 agree

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