Maryland Casualty Company v. Avalon Management LLC et al

Filing 111

ORDER Re Attendance at Settlement Conference. Signed by Magistrate Judge Donna M. Ryu on 05/22/2013. (dmrlc1, COURT STAFF) (Filed on 5/22/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARYLAND CASUALTY COMPANY 8 Plaintiff(s), 9 AVALON MANAGEMENT LLC 11 For the Northern District of California ORDER RE ATTENDANCE AT SETTLEMENT CONFERENCE v. 10 United States District Court No. C-11-05640 YGR (DMR) Defendant(s). ____________________________________/ 12 13 14 TO ALL PARTIES AND COUNSEL OF RECORD: A settlement conference in this matter is set before the undersigned on May 24, 2013 at 15 10:00 a.m. By letter dated May 21, 2013, counsel for Intervenor Sequoia Insurance Company and 16 Defendants Tiburon Hospitality, LLC, Tiburon Barstow, LLC and Tiburon Capital, LLC (“the 17 Tiburon entities”) requested that the court excuse William Dixon, Jr., the Tiburon entities’ 18 representative, at lunchtime on May 24 due to a family medical emergency. [Docket No. 109.] 19 Counsel represented that during the time that Mr. Dixon will be on an airplane and thus unavailable, 20 Laura Ball, an employee of the Tiburon entities, will be available to participate in the settlement 21 conference by telephone. Counsel further represented that Ms. Ball has full settlement authority to 22 resolve this matter. Plaintiff Maryland Casualty Company had no objection to this request. [Docket 23 No. 110.] 24 Upon consideration, the court grants the request. However, the court does not grant 25 permission for Ms. Ball to appear by telephone. Both Mr. Dixon and Ms. Ball shall personally 26 appear at the settlement conference starting at 10:00 a.m. Ms. Ball shall be prepared to devote the 27 entire day to the settlement conference, if necessary. Mr. Dixon may be excused at lunchtime. 28 The court notes that it requires lead trial counsel to appear at the settlement conference with the person(s) having full authority to make the final decision as to whether any settlement offer is 1 made, accepted, or rejected. The court emphasizes that if Ms. Ball has to make a phone call in order 2 to make a settlement decision, she does not possess the requisite “full authority.” 3 _______________________________ DONNA M. RYU United States Magistrate Judge yu RT 9 o Judge D nna M. ER For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 R A H 10 United States District Court D RDERE R NIA 8 OO IT IS S FO 7 Dated: May 22, 2013 LI 6 NO 5 UNIT ED S IT IS SO ORDERED. RT U O 4 ISTRIC ES D TC T TA N F D IS T IC T O R C

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