United Brands Company, Inc. v. Anheuser-Bush, Inc.

Filing 45

NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 11/28/2011 09:30 AM before Magistrate Judge William McCurine Jr. Signed by Magistrate Judge William McCurine, Jr on 10/17/11.(cge) (jcj).

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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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UNITED BRANDS COMPANY, INC.,
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Plaintiff,
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v.
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ANHEUSER-BUSCH, INC.,

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Defendant.

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Case No. 10-CV-2281 AJB (WMc)
NOTICE AND ORDER FOR EARLY
NEUTRAL EVALUATION CONFERENCE

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IT IS HEREBY ORDERED that an Early Neutral Evaluation of your

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case will be held on November 28, 2011 at 9:30 a.m. in the chambers

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of the Honorable William McCurine, Jr., United States Magistrate

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Judge, 940 Front Street, Courtroom C, San Diego, California, 92101.

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Absent extraordinary circumstances, requests for continuances will

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not be considered unless submitted in writing no less than fourteen

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(14) days prior to the scheduled conference.

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Pursuant to Local Rule 16.1(c) of the Local Rules of the

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United

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California, all named parties, all counsel, and any other person(s)

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whose authority is required to negotiate and enter into settlement

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shall appear in person at the conference, shall be prepared to

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discuss the claims and defenses, and shall be legally and factually

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prepared to discuss and resolve the case at the Early Neutral

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Evaluation conference.

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individual present at the settlement conference has the unfettered

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discretion and authority to: 1) fully explore settlement options

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and to agree at that time to any settlement options; 2) agree at

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that time to any settlement terms acceptable to the parties; 3)

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change the settlement position of a party; and 4) negotiate

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monetary awards without being restricted to a specific sum certain.

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Where the suit involves the United States or one of its

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agencies, only United States counsel with full settlement authority

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need appear.

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counsel only is not acceptable.

Full authority to settle means that the

As to all other parties, appearance by litigation

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Requests to be excused from attendance for extraordinary

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circumstances must be in writing and received by the Court at least

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fourteen (14) days prior to the conference.

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counsel and parties to appear in person will be cause for the

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imposition of sanctions.

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limited to, the attorney's fees and travel costs of the other

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parties in the case.

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and will be reset to another date. All conference discussions will

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be informal, off the record, privileged, and confidential.

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Failure of required

Sanctions will include, but are not

In addition, the conference will not proceed

Counsel are required to read, and comply with, Local Rule

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83.4, which is specifically incorporated herein as though fully

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set forth."

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Counsel for any non-English speaking parties is responsible

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for arranging for the appearance of an interpreter at the

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conference.

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10cv2281 AJB (WMc)

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In cases where a party is incarcerated at the time of the

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scheduled conference, arrangements will be made for the

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incarcerated party to appear telephonically.

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The parties are required to submit a short Early Neutral

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Evaluation Conference Statement about the case on a confidential

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basis no later than seven (7) days before the conference.

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Rule 26 of the Federal Rules of Civil Procedure shall apply

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to this case.

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26(f) conference, unless otherwise permitted by Rule 26(f) or

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All discovery shall be stayed until after the Rule

court order.

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In the event the case does not settle at the Early Neutral

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Evaluation Conference, the parties shall also be prepared to

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discuss the following matters at the conclusion of the

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conference:

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1.

Any anticipated objections under Federal Rule of Civil

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Procedure 26(a)(1)(E) to the initial disclosure provisions of

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Federal Rule of Civil Procedure 26(a)(1)(A-D);

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26(f) conference;

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The scheduling of the Federal Rule of Civil Procedure

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The date of initial disclosure and the date for lodging

the discovery plan following the Rule 26(f) conference; and

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4.

The scheduling of a Case Management Conference pursuant

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to Federal Rule of Civil Procedure 16(b).

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Plaintiff's counsel shall give written notice of the

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Early Neutral Evaluation Conference to parties responding to the

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complaint after October 17, 2011.

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Questions regarding this case may be directed to the
Magistrate Judge's law clerk at [phone].
IT IS SO ORDERED.
DATED: October 17, 2011

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Hon. William McCurine, Jr.
U.S. Magistrate Judge
United States District Court

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10cv2281 AJB (WMc)

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NOTICE OF RIGHT TO CONSENT TO TRIAL
BEFORE A UNITED STATES MAGISTRATE JUDGE

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IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. §

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636(c), YOU ARE HEREBY NOTIFIED THAT A U.S. MAGISTRATE JUDGE OF

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THIS DISTRICT MAY, UPON THE CONSENT OF ALL PARTIES, ON FORM 1A

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AVAILABLE IN THE CLERK'S OFFICE, CONDUCT ANY OR ALL PROCEEDINGS,

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INCLUDING A JURY OR NON-JURY TRIAL, AND ORDER THE ENTRY OF A

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FINAL JUDGMENT.

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FOR OBTAINING THE CONSENT OF ALL PARTIES, SHOULD THEY DESIRE TO

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COUNSEL FOR THE PLAINTIFF SHALL BE RESPONSIBLE

CONSENT.
YOU SHOULD BE AWARE THAT YOUR DECISION TO CONSENT OR

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NOT TO CONSENT IS ENTIRELY VOLUNTARY AND SHOULD BE COMMUNICATED

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SOLELY TO THE CLERK OF COURT.

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THE JUDGE OR MAGISTRATE JUDGE TO WHOM THE CASE HAS BEEN ASSIGNED

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BE INFORMED OF YOUR DECISION.

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ONLY IF ALL PARTIES CONSENT WILL

JUDGMENTS OF THE U.S. MAGISTRATE JUDGES ARE

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APPEALABLE TO THE U.S. COURT OF APPEALS IN ACCORDANCE WITH THIS

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STATUTE AND THE FEDERAL RULES OF APPELLATE PROCEDURE.

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10cv2281 AJB (WMc)