Pride v. Correa et al

Filing 117

ORDER: Mandatory Settlement Conference set for 5/12/2014 02:00 PM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 4/28/2014.(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DAVID CODELL PRIDE, JR.,
Plaintiff,

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v.
M. CORREA, et al.,
Defendants.

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Case No. 07CV1382-BEN(JMA)
ORDER SETTING MANDATORY
SETTLEMENT CONFERENCE

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A Mandatory Settlement Conference will be held on May 12, 2014 at

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2 p.m. All named parties, all counsel, and any other person(s) whose

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authority is required to negotiate and enter into settlement shall

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appear in person at the conference. The individual(s) present at the

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Mandatory Settlement Conference with settlement authority must

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have the unfettered discretion and authority on behalf of the party to:

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1) fully explore all settlement options and to agree during the

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Mandatory Settlement Conference to any settlement terms acceptable

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to the party (G. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871

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F.2d 648, 653 (7th Cir. 1989)), 2) change the settlement position of a

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party during the course of the Mandatory Settlement Conference

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(Pitman v. Brinker Int'l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003)),

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and 3) negotiate a settlement without being restricted by any

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predetermined level of authority (Nick v. Morgan's Foods, Inc., 270

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F.3d 590, 596 (8th Cir. 2001)).

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Governmental entities may appear through litigation counsel only. As

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to all other parties, appearance by litigation counsel only is not acceptable.

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Retained outside corporate counsel shall not appear on behalf of a

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corporation as the party who has the authority to negotiate and enter into a

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settlement. The failure of any counsel, party or authorized person to

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appear at the Mandatory Settlement Conference as required shall be

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cause for the immediate imposition of sanctions. All conference

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discussions will be informal, off the record, privileged, and confidential.

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If Plaintiff is incarcerated in a penal institution or other facility, the

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Plaintiff's presence is not required at conferences before Judge Adler, and

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the Plaintiff may appear by telephone. In that case, counsel are to

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coordinate the Plaintiff's appearance by telephone.

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Settlement briefs are not required. If a party elects to submit an

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updated settlement statement, it should be submitted to Magistrate Judge

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Adler's chambers no later than May 8, 2014.1

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IT IS SO ORDERED.

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DATED: April 28, 2014

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Jan M. Adler
U.S. Magistrate Judge

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Statements under 20 pages in length, including attachments and exhibits,
may be e-mailed to [e-mail], faxed to [phone], or
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Suite 420, San Diego, California. Statements exceeding 20 pages in length,
28 including attachments and exhibits, must be delivered to chambers via the Office
of the Clerk of Court.
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