Federal Deposit Insurance Corporation v. Patrick O'Connor & Associates, L.P.

Filing 40

ORDER Resetting Mandatory Settlement Conference from 10/22/2012 is continued to 10/24/2012 at 2:00 PM in the chambers of Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 8/10/2012.(rlu)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for La Jolla Bank, FSB, 12 Plaintiff, 13 v. 14 15 PATRICK O’CONNOR & ASSOCIATES, L.P. d.b.a. O’CONNOR & ASSOCIATES, Defendants. 16 17 18 PATRICK O’CONNOR & ASSOCIATES, L.P. d.b.a. O’CONNOR & ASSOCIATES, Counterclaimant, 19 20 v. 21 FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for La Jolla Bank, FSB, 22 23 Counterdefendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 10CV1520-BTM (JMA) ORDER RESETTING MANDATORY SETTLEMENT CONFERENCE 24 25 Due to a conflict involving the Court’s calendar, the Mandatory Settlement 26 Conference currently set for October 22, 2012 at 10 a.m. is vacated and reset for 27 October 24, 2012 at 2 p.m. in the chambers of Magistrate Judge Adler. Counsel shall 28 submit settlement statements directly to Magistrate Judge Adler's chambers no later than October 17, 2012. The parties may either submit confidential settlement statements or may exchange their settlement statements. Each party's settlement statement shall set 10CV1520-BTM(JMA) 1 2 forth the party's statement of the case, identify controlling legal issues, concisely set out 3 issues of liability and damages, and shall set forth the party's settlement position, 4 including the last offer or demand made by that party, and a separate statement of the 5 offer or demand the party is prepared to make at the Mandatory Settlement Conference. 6 The settlement conference briefs shall not be filed with the Clerk of the Court. 7 All named parties, all counsel, and any other person(s) whose authority is 8 required to negotiate and enter into settlement shall appear in person at the 9 conference. The individual(s) present at the Mandatory Settlement Conference with 10 settlement authority must have the unfettered discretion and authority on behalf of 11 the party to: 1) fully explore all settlement options and to agree during the 12 Mandatory Settlement Conference to any settlement terms acceptable to the party 13 (G. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 14 1989)), 2) change the settlement position of a party during the course of the 15 Mandatory Settlement Conference (Pitman v. Brinker Int'l, Inc., 216 F.R.D. 481, 485- 16 86 (D. Ariz. 2003)), and 3) negotiate a settlement without being restricted by any 17 predetermined level of authority (Nick v. Morgan's Foods, Inc., 270 F.3d 590, 596 18 (8th Cir. 2001)). 19 Governmental entities may appear through litigation counsel only. As to all other 20 parties, appearance by litigation counsel only is not acceptable. Retained outside 21 corporate counsel shall not appear on behalf of a corporation as the party who has the 22 authority to negotiate and enter into a settlement. The failure of any counsel, party or 23 authorized person to appear at the Mandatory Settlement Conference as required 24 shall be cause for the immediate imposition of sanctions. All conference discussions 25 will be informal, off the record, privileged, and confidential. 26 27 IT IS SO ORDERED. DATED: August 10, 2012 Jan M. Adler U.S. Magistrate Judge 28 2 10CV1520-BTM(JMA)

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?