Dow v. Seaworld Parks & Entertainment, Inc.

Filing 9

ORDER Rescheduling (1) Expert Designation Dates and (2) Mandatory Settlement Conference. The Court convened a telephonic Case Management Conference on June 16, 2011 at 9:30 a.m. The Mandatory Settlement Conference on July 25, 2011 at 10 a.m. is vacated and reset for August 12, 2011 at 10 a.m. Signed by Magistrate Judge Jan M. Adler on 6/22/2011.(knh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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GABRIELA DOW,
Plaintiff,

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v.

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SEAWORLD PARKS &
ENTERTAINMENT, INC. A Delaware
Corporation,

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Defendants.

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Case No. 10CV2002-BEN(JMA)
ORDER RESCHEDULING (1) EXPERT
DESIGNATION DATES AND
(2) MANDATORY SETTLEMENT
CONFERENCE

The Court convened a telephonic Case Management Conference on June 16,

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2011 at 9:30 a.m. After consulting with the attorneys of record for the parties and being

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advised of the status of the case, and good cause appearing, IT IS HEREBY

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ORDERED that expert designation dates and the Mandatory Settlement Conference are

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rescheduled as follows:

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1.

The deadlines for exchanging expert designations are continued to

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coincide with the deadlines for the exchange of Fed. R. Civ. P. 26(a)(2) expert reports.

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The parties shall designate their respective case-in-chief experts in writing on or before

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September 2, 2011. Rebuttal experts shall be designated on or before September 30,

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2011. Expert designations shall include the name, address, and telephone number of

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each expert, and a reasonable summary of the testimony the expert is expected to

10CV2002-BEN(JMA)

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provide. The list shall also include the normal rates the expert charges for deposition

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and trial testimony.

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The parties must identify any person who may be used at trial to present

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evidence pursuant to Rules 702, 703 or 705 of the Federal Rules of Evidence. This

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requirement is not limited to retained experts.

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Please be advised that failure to comply with this section or any other

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discovery order of the Court may result in the sanctions provided for in Fed. R.

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Civ. P. 37, including a prohibition on the introduction of experts or other

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designated matters in evidence.

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2.

The Mandatory Settlement Conference on July 25, 2011 at 10 a.m. is

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vacated and reset for August 12, 2011 at 10 a.m. Counsel shall submit settlement

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statements directly to Magistrate Judge Adler's chambers no later than August 5,

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2011.1 The parties may either submit confidential settlement statements or may

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exchange their settlement statements. Each party's settlement statement shall set forth

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the party's statement of the case, identify controlling legal issues, concisely set out

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issues of liability and damages, and shall set forth the party's settlement position,

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including the last offer or demand made by that party, and a separate statement of the

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offer or demand the party is prepared to make at the Mandatory Settlement Conference.

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The settlement conference briefs shall not be filed with the Clerk of the Court.

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All named parties, all counsel, and any other person(s) whose authority is

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required to negotiate and enter into settlement shall appear in person at the

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conference. The individual(s) present at the Mandatory Settlement Conference

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with settlement authority must have the unfettered discretion and authority on

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behalf of the party to: 1) fully explore all settlement options and to agree during

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the Mandatory Settlement Conference to any settlement terms acceptable to the

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Statements under 20 pages in length, including attachments and exhibits, may be
delivered directly to chambers, e-mailed to [e-mail], or faxed to (619)
702-9939. Statements exceeding 20 pages in length, including attachments and exhibits, must
be delivered directly to chambers.
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10CV2002-BEN(JMA)

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party (G. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th

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Cir. 1989)), 2) change the settlement position of a party during the course of the

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Mandatory Settlement Conference (Pitman v. Brinker Int'l, Inc., 216 F.R.D. 481,

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485-86 (D. Ariz. 2003)), and 3) negotiate a settlement without being restricted by

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any predetermined level of authority (Nick v. Morgan's Foods, Inc., 270 F.3d 590,

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596 (8th Cir. 2001)).

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Governmental entities may appear through litigation counsel only. As to all other

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parties, appearance by litigation counsel only is not acceptable. Retained outside

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corporate counsel shall not appear on behalf of a corporation as the party who has the

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authority to negotiate and enter into a settlement. The failure of any counsel, party or

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authorized person to appear at the Mandatory Settlement Conference as required

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shall be 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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IT IS SO ORDERED.
DATED: June 22, 2011

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Jan M. Adler
U.S. Magistrate Judge

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10CV2002-BEN(JMA)