Center for Biological Diversity v. Kempthorne et al

Filing 13

ORDER partially granting 12 joint Motion to Continue Early Neutral Evaluation Conference for thirty days. A telephonic Early Neutral Evaluation Conference will be held on May 18, 2009 at 9:30 a.m. An in-person Settlement/Case Management Conference shall be held on June 15, 2009 at 10:00 a.m. in the chambers of Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 4/24/09. (tkl) (jrl).

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 CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff, v. KENNETH L. SALAZAR, SECRETARY OF THE INTERIOR; AND ROWAN GOULD, DIRECTOR U.S. FISH AND WILDLIFE SERVICE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 09-CV-0051-JM (JMA) ORDER PARTIALLY GRANTING JOINT MOTION TO CONTINUE EARLY NEUTRAL EVALUATION CONFERENCE FOR THIRTY DAYS [Doc. 12] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

This matter comes before the Court on the parties' joint motion to continue Early Neutral Evaluation Conference for thirty days. Good cause appearing, the Court GRANTS the parties'

request to defer an in-person conference for thirty days. However, the Court will convene a telephonic conference prior to the in-person conference as follows: 1. A telephonic Early Neutral Evaluation Conference will be Counsel only for each party The Court will initiate the

held on May 18, 2009 at 9:30 a.m.

shall participate in the conference. conference call.

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2.

An in-person Settlement/Case Management Conference shall

be held on June 15, 2009 at 10:00 a.m. in the chambers of Magistrate Judge Jan M. Adler, Room 1165, United States Courthouse, 940 Front Street, San Diego, California. All named

parties, all counsel, and any other person(s) whose authority is required to negotiate and enter into settlement shall appear in person at the conference. The individual(s) present at the

Settlement/Case Management Conference with settlement authority must have the unfettered discretion and authority on behalf of the party to: 1) fully explore all settlement options and to

agree during the conference to any settlement terms acceptable to the party (G. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989)), 2) change the settlement position of a party during the course of the conference (Pitman v. Brinker Int'l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003)), and 3) negotiate a settlement without being restricted by any predetermined level of authority (Nick v. Morgan's Foods, Inc., 270 F.3d 590, 596 (8th Cir. 2001)). Governmental entities may appear through litigation counsel As to all other parties, appearance by litigation counsel Retained outside corporate counsel shall

only is not acceptable.

not appear on behalf of a corporation as the party who has the authority to negotiate and enter into a settlement. The failure

of any counsel, party or authorized person to appear at the Settlement/Case Management Conference as required shall be cause for the immediate imposition of sanctions. // // 2
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All conference

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discussions will be informal, off the record, privileged, and confidential. IT IS SO ORDERED. DATED: April 24, 2009 Jan M. Adler U.S. Magistrate Judge

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