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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GABRIELA DOW, Plaintiff, 12 13 v. 14 SEAWORLD PARKS & ENTERTAINMENT, INC. A Delaware Corporation, 15 Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) ) ) ) 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, 19 2011 at 9:30 a.m. After consulting with the attorneys of record for the parties and being 20 advised of the status of the case, and good cause appearing, IT IS HEREBY 21 ORDERED that expert designation dates and the Mandatory Settlement Conference are 22 rescheduled as follows: 23 1. The deadlines for exchanging expert designations are continued to 24 coincide with the deadlines for the exchange of Fed. R. Civ. P. 26(a)(2) expert reports. 25 The parties shall designate their respective case-in-chief experts in writing on or before 26 September 2, 2011. Rebuttal experts shall be designated on or before September 30, 27 2011. Expert designations shall include the name, address, and telephone number of 28 each expert, and a reasonable summary of the testimony the expert is expected to 10CV2002-BEN(JMA) 1 provide. The list shall also include the normal rates the expert charges for deposition 2 and trial testimony. 3 The parties must identify any person who may be used at trial to present 4 evidence pursuant to Rules 702, 703 or 705 of the Federal Rules of Evidence. This 5 requirement is not limited to retained experts. 6 Please be advised that failure to comply with this section or any other 7 discovery order of the Court may result in the sanctions provided for in Fed. R. 8 Civ. P. 37, including a prohibition on the introduction of experts or other 9 designated matters in evidence. 10 2. The Mandatory Settlement Conference on July 25, 2011 at 10 a.m. is 11 vacated and reset for August 12, 2011 at 10 a.m. Counsel shall submit settlement 12 statements directly to Magistrate Judge Adler's chambers no later than August 5, 13 2011.1 The parties may either submit confidential settlement statements or may 14 exchange their settlement statements. Each party's settlement statement shall set forth 15 the party's statement of the case, identify controlling legal issues, concisely set out 16 issues of liability and damages, and shall set forth the party's settlement position, 17 including the last offer or demand made by that party, and a separate statement of the 18 offer or demand the party is prepared to make at the Mandatory Settlement Conference. 19 The settlement conference briefs shall not be filed with the Clerk of the Court. 20 All named parties, all counsel, and any other person(s) whose authority is 21 required to negotiate and enter into settlement shall appear in person at the 22 conference. The individual(s) present at the Mandatory Settlement Conference 23 with settlement authority must have the unfettered discretion and authority on 24 behalf of the party to: 1) fully explore all settlement options and to agree during 25 the Mandatory Settlement Conference to any settlement terms acceptable to the 26 27 28 1 Statements under 20 pages in length, including attachments and exhibits, may be delivered directly to chambers, e-mailed to efile_adler@casd.uscourts.gov, or faxed to (619) 702-9939. Statements exceeding 20 pages in length, including attachments and exhibits, must be delivered directly to chambers. 2 10CV2002-BEN(JMA) 1 party (G. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th 2 Cir. 1989)), 2) change the settlement position of a party during the course of the 3 Mandatory Settlement Conference (Pitman v. Brinker Int'l, Inc., 216 F.R.D. 481, 4 485-86 (D. Ariz. 2003)), and 3) negotiate a settlement without being restricted by 5 any predetermined level of authority (Nick v. Morgan's Foods, Inc., 270 F.3d 590, 6 596 (8th Cir. 2001)). 7 Governmental entities may appear through litigation counsel only. As to all other 8 parties, appearance by litigation counsel only is not acceptable. Retained outside 9 corporate counsel shall not appear on behalf of a corporation as the party who has the 10 authority to negotiate and enter into a settlement. The failure of any counsel, party or 11 authorized person to appear at the Mandatory Settlement Conference as required 12 shall be cause for the immediate imposition of sanctions. All conference 13 discussions will be informal, off the record, privileged, and confidential. 14 15 IT IS SO ORDERED. DATED: June 22, 2011 16 Jan M. Adler U.S. Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 3 10CV2002-BEN(JMA)

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