Gray v. Doe et al
Filing
147
MINUTE ORDER: Settlement Conference set for 5/14/2012 02:00 PM in chambers before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 4/18/2012.(All non-registered users served via U.S. Mail Service)(knb)
MINUTES OF THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
v. HERNANDEZ
GRAY
HON. WILLIAM V. GALLO
No. 08-1147-JM(WVG)
CT. DEPUTY J. YAHL
RPTR.
Attorneys
Plaintiffs
Defendants
A Settlement Conference will be held on May 14, 2012, at 2:00 PM in the chambers of
Hon. William V. Gallo
All parties or their representatives who have full authority to enter into a binding
settlement, in addition to the attorneys participating in the litigation, shall be
present at the conference.
Pursuant to Local Civil Rule 16.3, all party representatives and claims adjusters for
insured defendants with full and unlimited authority to negotiate and enter into a
binding settlement, as well as the principal attorney(s) responsible for the
litigation, must be present and legally and factually prepared to discuss and resolve
the case at the mandatory settlement conference. Retained outside corporate counsel
shall not appear on behalf of a corporation as the party who has the authority to
negotiate and enter into a settlement.
"Full authority to settle" means that the individuals at the settlement conference
must be authorized to fully explore settlement options and to agree at that time to
any settlement terms acceptable to the parties. Heileman Brewing Co., Inc. v. Joseph
Oat Corp., 871 F.2d 648 (7th Cir. 1989).
The person needs to have "unfettered
discretion and authority" to change the settlement position of a party. Pitman v.
Brinker Intl., Inc., 216 F.R.D. 481, 485-486 (D. Ariz. 2003).
The purpose of
requiring a person with unlimited settlement authority to attend the conference
includes that the person's view of the case may be altered during the face to face
conference. Id. at 486. A limited or a sum certain of authority is not adequate.
Nick v. Morgan's Foods, Inc., 270 F.3d 590 (8th Cir. 2001).
Counsel for Defendants shall arrange to have Plaintiff participate by telephone in
the Settlement Conference.
On or before May 7, 2012, Plaintiff and counsel for Defendants shall submit to the
Court a Settlement Conference statement that indicates their positions regarding
settlement.
DATED:
April 18, 2012
Hon. William V. Gallo
U.S. Magistrate Judge
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