Greer v. Lowe's HIW, Inc.

Filing 14

ORDER GRANTING Lowe's Request for Telephonic Appearance of the Client Representative at the Settlement Conference 13 , signed by Magistrate Judge Jennifer L. Thurston on 4/29/2013. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANNA GREER,

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Plaintiff,
v.

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LOWE’S HIW, INC., et al.,

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Defendants.

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Case No.: 1: 12-CV-1096-LJO-JLT
ORDER GRANTING LOWE’S REQUEST
FOR TELEPHONIC APPEARANCE OF THE
CLIENT REPRESENTATIVE AT THE
SETTLEMENT CONFERENCE

(Doc. 13)

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Before the Court is the request of Defendant Lowe’s for an order excusing J. Patrick Stutts,

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Esq. from personally attending the settlement conference1 currently scheduled for May 23, 2013.

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Apparently, Mr. Stutts is the person in whom Lowe’s has vested full and complete settlement

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authority. Defendant explains that Mr. Stutts is located in North Carolina and his attendance at the

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settlement conference would be unduly burdensome.

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Though the Court has no wish to impose unduly difficult requirements, the Court notes

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Defendant fails to explain that those who will appear at the settlement conference will have

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sufficient settlement authority such that the conference will not be delayed by repeated telephone

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calls to Mr. Stutts or others. However, the Court presumes this is the case and its order excusing

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Defendant describes the settlement conference as “mandatory;” it is not. Instead, this is a service offered by the
Court. This means that the Court presumes the parties desire settlement on reasonable terms—settlement based upon a
waiver of costs, is not considered a “reasonable” expectation of the settlement conference. If any party does not
believe the case is in a settlement posture, she/it SHALL immediately alert the Court.

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Mr. Stutts from personally attending the conference is expressly conditioned upon this occurring.2

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Therefore, good cause appearing, the Court ORDERS:

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Lowes’ request for Mr. Stutts to be available by telephone, rather than personally

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appearing at the settlement conference, is GRANTED. However, this order is expressly

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conditioned upon Defendant conferring sufficient settlement authority on those who will appear at

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the settlement conference. Defendant’s failure to do so will result in the imposition of sanctions;
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Mr. Stutts SHALL be available by telephone throughout the entire settlement

conference until excused by the Court.

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IT IS SO ORDERED.

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Dated:

April 29, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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It is absolutely unacceptable for every offer/counteroffer to have to be telecommunicated to an absent party before a
response can be formulated and counsel are admonished that this will not be tolerated.

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