Ortega-Chavez v. United States of America

Filing 20

ORDER Continuing Mandatory Settlement Conference. Mandatory Settlement Conference continued to 9/19/2012 10:00 AM in chambers before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 7/25/2012.(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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EDGARDO ISRAEL ORTEGA CHAVEZ,

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Plaintiff,

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Civil No.

v.

11-cv-1507-BEN (DHB)

ORDER CONTINUING MANDATORY
SETTLEMENT CONFERENCE

UNITED STATES OF AMERICA,
Defendant.

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In light of Defendant’s pending motion for summary judgment (ECF No. 15), which was taken

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under submission by District Judge Roger T. Benitez on July 17, 2012 (ECF No. 19), the Court finds

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good cause for continuing the Mandatory Settlement Conference currently scheduled for July 27, 2012.

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Accordingly, IT IS HEREBY ORDERED:

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The Mandatory Settlement Conference shall be continued to September 19, 2012 at 10:00 a.m.

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in the chambers of the Honorable David H. Bartick. The parties shall plan accordingly. Counsel shall

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submit settlement statements directly to Magistrate Judge Bartick’s chambers no later than September

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12, 2012.1 The parties may either submit confidential settlement statements or may exchange their

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settlement statements. Each party’s settlement statement shall set forth the party’s statement of the case,

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identify controlling legal issues, concisely set out issues of liability and damages, and shall set forth the

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party’s settlement position, including the last offer or demand made by that party, and a separate

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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 [phone].
Statements exceeding 20 pages in length, including attachments and exhibits, must be delivered directly
to chambers.
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11cv1507-BEN (DHB)

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statement of the 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 required to negotiate

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and enter into settlement shall appear in person at the conference. The individual(s) present at the

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Mandatory Settlement Conference with settlement authority must have the unfettered discretion and

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

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Mandatory Settlement Conference to any settlement terms acceptable to the party (G. Heileman Brewing

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Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989)), (2) change the settlement position of

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a party during the course of the Mandatory Settlement Conference (Pitman v. Brinker Int’l, Inc., 216

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F.R.D. 481, 485-86 (D. Ariz. 2003)), and (3) negotiate a settlement without being restricted by any

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predetermined level of authority (Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 596 (8th Cir. 2001)).

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

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appearance by litigation counsel only is not acceptable. Retained outside corporate counsel shall not

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appear on behalf of a corporation as the party who has the authority to negotiate and enter into a

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settlement. The failure of any counsel, party or authorized person to appear at the Mandatory

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Settlement Conference as required shall be cause for the immediate imposition of sanctions. All

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conference discussions will be informal, off the record, privileged, and confidential.

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Mandatory settlement conferences shall not be rescheduled without a showing of good cause

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and adequate notice to the Court. If counsel wish to reschedule this conference, they shall contact

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the Court at least 10 days prior to the conference. Absent exceptional circumstances, the Court will

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not reschedule this conference with less than 10 days notice. Only in extreme circumstances will the

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Court reschedule a mandatory settlement conference with less than 24 hours notice.

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IT IS SO ORDERED.
DATED: July 25, 2012

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DAVID H. BARTICK
United States Magistrate Judge

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11cv1507-BEN (DHB)