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
Doc. 130
Case 3:04-cv-00658-H-BLM
Document 130
Filed 09/13/2007
Page 1 of 4
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 (619) 557-7372. ///
04cv0658-H (BLM)
Dockets.Justia.com
Case 3:04-cv-00658-H-BLM
Document 130
Filed 09/13/2007
Page 2 of 4
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
1
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
2
04cv0658-H (BLM)
Case 3:04-cv-00658-H-BLM
Document 130
Filed 09/13/2007
Page 3 of 4
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
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
04cv0658-H (BLM)
Case 3:04-cv-00658-H-BLM
Document 130
Filed 09/13/2007
Page 4 of 4
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
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
4
04cv0658-H (BLM)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?