Gelfand v. North American Capacity Insurance Company

Filing 33

ORDER for additional information for settlement conference: The parties have a settlement conference set for August 21, 2013. Short version of attached order: (1) Parties to submit updated demand (by 8/19/13 at 4) and response (by 8/20/13 at 4) b y email to [e-mail], and (2) Reata to submit additional information (details in order) re decision making process (given that the costs of litigation seem close to exceeding the best case litigation outcome) by 4 p.m. on 8/19/13. (Beeler, Laurel) (Filed on 8/17/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
TODD GELFAND,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 12-04819 EMC (LB)

Plaintiff(s),
ORDER REGARDING SETTLEMENT
CONFERENCE

v.
NORTH AMERICAN CAPACITY
INSURANCE COMPANY,

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Defendant(s).
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___________________________________/
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The parties have a settlement conference set for August 21, 2013. This order is to make sure that

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the settlement conference is as effective as possible. The additional information may be submitted

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by email to the orders box at [e-mail].

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1. The parties’ current demand and response are not clear from their settlement statements, and

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the court’s settlement conference order requires those positions to be identified before the settlement

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conference. As soon as possible, but no later than 5 p.m. on Monday, August 19, 2013, Reata must

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communicate its demand to NAC. As soon as possible but no later than 4:00 p.m. on Tuesday,

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August 20, 2013, NAC must respond. Both demand and response must be emailed to the court.

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2. The court’s order requires all decision makers to be present unless the court approves other

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arrangements. The court mentions it here because the costs of litigation seem close to eclipsing the

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possible recoveries even under best case scenarios, which makes it very important that decision

ORDER RE SETTLEMENT CONFERENCE
C 12-04819 EMC

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makers be part of the process. It is not clear how the decision process works on Reata’s side with

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the interplay of trust and beneficiary. The court asks for some context (either exchanged or

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confidential) by email to the court’s orders box by 4 p.m. on Monday, August 19. Counsel should

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confer with the client (including the beneficiary if appropriate) regarding the interplay between cost

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and outcome that the court has identified.

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IT IS SO ORDERED.

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Dated: August 17, 2013
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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ORDER RE SETTLEMENT CONFERENCE
C 12-04819 EMC

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