Cornwell, et al v. Belton, et al

Filing 130

ORDER Setting Mandatory Settlement Conferenc for 9/21/2007 at 9:30 AM in the chambers of Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 9/13/07. (aje)

Cornwell, et al v. Belton, et al

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOANNE CORNWELL d/b/a Sisterlocks, ) ) ) Plaintiff, ) v. ) ) DEBRA BELTON and NAPPYLOCS.COM, ) ) ) Defendants. ) ) Case No. 04cv0658-H (BLM) ORDER SETTING MANDATORY SETTLEMENT CONFERENCE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

By order dated September 10, 2007, the District Judge instructed the parties to contact this Court to schedule a settlement conference for purposes of addressing Plaintiff's motion for attorneys' fees. Doc. No. 128. Plaintiff's counsel recently did so and provided this Court

with both parties' availability. Accordingly, a Mandatory Settlement Conference shall be conducted on September 21, 2007 at 9:30 a.m. in the chambers of Magistrate Judge Barbara L. Major located at 940 Front Street, Suite 5140, San Diego, CA 92101. All discussions at the Mandatory Settlement Conference will be Defendant may

informal, off the record, privileged, and confidential.

appear by phone by contacting Chambers at [phone]. ///
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a.

Personal Appearance of Parties Required:

All parties,

adjusters for insured defendants, and other representatives of a party having full and complete authority to enter into a binding settlement, as well as the principal attorneys responsible for the litigation, must be present in person and legally and factually prepared to discuss settlement of the case. Counsel appearing without their clients

(whether or not counsel has been given settlement authority) will be cause for immediate imposition of sanctions and may also result in the immediate termination of the conference. Unless there are extraordinary circumstances, persons required to attend the conference pursuant to this Order shall not be excused from personal attendance. Requests for excuse from attendance for

extraordinary circumstances shall be made in writing at least three (3) court days prior to the conference. Failure to appear in person at the

Mandatory Settlement Conference will be grounds for sanctions. b. Full Settlement Authority Required: In addition to

counsel who will try the case, a party or party representative with full settlement authority1 must be present for the conference. In the case

of a corporate entity, an authorized representative of the corporation who is not retained outside counsel must be present and must have

"Full settlement authority" means that the individuals at the settlement

conference must be authorized to explore settlement options fully and to agree at that time to any settlement terms acceptable to the parties. Heileman Brewing Co. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989). The person needs to have "unfettered Pitman v. The purpose of requiring Id. discretion and authority" to change the settlement position of a party. Brinker Int'l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003).

a person with unlimited settlement authority to attend the conference contemplates that the person's view of the case may be altered during the face to face conference. at 486. Foods, Inc., 270 F.3d 590, 595-97 (8th Cir. 2001). A limited or a sum certain of authority is not adequate.See Nick v. Morgan's

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discretionary authority to commit the company to pay an amount up to the amount of the Plaintiff's prayer (excluding punitive damages prayers). The purpose of this requirement is to have representatives present who can settle the case during the course of the conference without

consulting a superior.

Counsel for a government entity may be excused

from this requirement so long as the government attorney who attends the Mandatory Settlement Conference (1) has primary responsibility for handling the case, and (2) may negotiate settlement offers which the attorney is willing to recommend to the government official having ultimate settlement authority. c. Confidential Settlement Statements Required: No later

than September 19, 2007, the parties shall submit directly to Magistrate Judge Major's chambers confidential settlement statements no more than five (5) pages in length. filed or served on These confidential statements shall not be counsel. Each party's confidential

opposing

statement must include the following: (i) counterclaims A brief description of the case, the claims and/or and the applicable defenses or position

asserted,

regarding the asserted claims; (ii) A specific and current demand or offer for

settlement addressing all relief or remedies sought.

If a specific

demand or offer for settlement cannot be made at the time the brief is submitted, then the reasons therefore must be stated along with a statement as to when the party will be in a position to state a demand or make an offer; and (iii) A brief description of any previous settlement

negotiations, mediation sessions, or mediation efforts. General statements that a party will "negotiate in good faith" is 3
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not a specific demand or offer contemplated by this Order. assumed that all parties will negotiate in good faith. d.

It is

Requests to Continue a Mandatory Settlement Conference:

Any request to continue the Mandatory Settlement Conference or request for relief from any of the provisions or requirements of this Order must be sought by a written ex parte application. The application must (1)

be supported by a declaration of counsel setting forth the reasons and justifications for the relief requested, (2) confirm compliance with Civil Local Rule 26.1, and (3) report the position of opposing counsel or any unrepresented parties subject to the Order. If the case is settled in its entirety before the scheduled date of the conference, counsel and any unrepresented parties must still appear in person, unless a written joint motion confirming the complete settlement of the case is submitted no fewer than twenty-four (24) hours before the scheduled conference. IT IS SO ORDERED. DATED: September 13, 2007

BARBARA L. MAJOR United States Magistrate Judge

COPY TO: HONORABLE MARILYN L. HUFF U.S. DISTRICT JUDGE ALL COUNSEL

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