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