Dow v. Seaworld Parks & Entertainment, Inc.
Filing
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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 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.
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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)
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