OS Enterprise, LLC v. Fairline Development Canada (1992) LTD et al

Filing 26

ORDER TO SHOW CAUSE FOR FAILURE TO FOLLOW COURT ORDERS. Parties are ordered to submit and serve their settlement conference briefs by noon on 4/18/2013, or show cause at a hearing on 4/19/2013 09:30 AM as to why they and their counsel should not be sanctioned for failing to follow court orders. Signed by Judge Nathanael Cousins on 4/17/13. (Attachments: # 1 Standing Order)(lmh, COURT STAFF) (Filed on 4/17/2013)

SETTLEMENT CONFERENCE STANDING ORDER
MAGISTRATE JUDGE NATHANAEL M. COUSINS

SCHEDULING
To coordinate scheduling, please contact courtroom deputy Lili Harrell at
[e-mail] or 415.522.2039. Settlement conferences typically are held on
Tuesdays and Thursdays at 9:30 a.m or 1:00 p.m.
A party seeking to continue a settlement conference must file a request in ECF as soon as possible
after meeting and conferring with opposing counsel. The request must demonstrate a compelling
reason for the continuance and state whether the opposing parties object to the continuance. Any
party that objects to the continuance must file an opposition in ECF within two days of the filing
date of the request for the continuance.
The parties must contact courtroom deputy Lili Harrell immediately if the case settles before the
settlement conference takes place.
PERSONS REQUIRED TO ATTEND SETTLEMENT CONFERENCE
All parties and their counsel are required to attend the settlement conference in person, not by
telephone. Non-natural persons must be represented by a person with unlimited authority to
negotiate a settlement. An insured party must appear with a representative of the carrier with full
authority to negotiate up to the limits of coverage. A person who must call another person not
present at the conference before agreeing to a settlement does not have unlimited authority.
SETTLEMENT CONFERENCE STATEMENT
No later than seven days prior to the conference, each party must send a settlement conference
statement to Judge Cousins’ Chambers at 450 Golden Gate Avenue, 15th Floor, San Francisco,
California 94102. Additionally, each party must serve its statement on opposing counsel and send
it via email in PDF format to [e-mail]. The statement must not be filed in ECF.
The settlement conference statement must include:
(a)
the identity of the attorney(s) and clients attending the settlement conference;
(b)
a brief statement of the facts of the case;
(c)
a brief statement of the claims and defenses raised, including statutory or other grounds
upon which the claims are founded;
(d)
a candid evaluation of the parties’ likelihood of prevailing on the claims and defenses;
(e)
a description of the major issues in dispute and any discrete issue that, if resolved, would
facilitate the resolution of the case;
(f)
a summary of the proceedings to date;
(g)
a listing of all pending motions;
(h)
the relief sought;

(i)

th party’s po
he
osition on set
ttlement, inc
cluding prese demands offers, and a history of past
ent
s,
d
f
se
ettlement dis
scussions.

Any party may subm an additio confiden
mit
onal
ntial stateme to the Co
ent
ourt, the cont
tents of whic will
ch
not be disclosed to an other part
ny
ty.
DAY OF SETTLEMENT CONFERENC
T
CE
On the da of the con
ay
nference, eac party mus check in w courtroo deputy L Harrell in
ch
st
with
om
Lili
n
Courtroo A, 15th Floor, 450 Go
om
F
olden Gate Avenue, San Francisco, California.
A
n

IT IS SO ORDERED
O
D.
October 23, 2012
2

_______
___________
__________
_____
Nathana M. Cousin
ael
ns
U.S. Ma
agistrate Judg
ge