Epitech, Inc. v. Cooper Industries, PLC et al

Filing 23

Amended NOTICE AND ORDER for Second Early Neutral Evaluation Conference. Early Neutral Evaluation set for 6/1/2012 09:00 AM in Courtroom F before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 4/10/2012.(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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EPITECH, INC.,

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Plaintiffs,

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v.

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COOPER WIRING DEVICES, INC.,
et al.,

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Defendants.
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Civil No. 11-1693-JM(WVG)
AMENDED
NOTICE AND ORDER FOR SECOND
EARLY NEUTRAL EVALUATION
CONFERENCE

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IT IS HEREBY ORDERED that a second Early Neutral Evaluation

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("ENE") of your case will be held on June 1, 2012, at 9:00 AM before

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United States Magistrate Judge William V. Gallo, United States

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Courthouse, Courtroom F, First Floor, 940 Front Street, San Diego,

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California. The second Early Neutral Evaluation Conference set for

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May 14, 2012 at 2:00 PM is vacated.

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The

following

are

mandatory

guidelines

for

the

parties

preparing for the Early Neutral Evaluation Conference.

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1. Purpose of the Conference

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The purpose of the ENE is to permit an informal discussion

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between the attorneys, parties and the settlement judge of every

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aspect of the lawsuit in an effort to achieve an early resolution of

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the case.

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record,

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speaking parties is responsible for arranging for the appearance of

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an interpreter at the conference.

All conference discussions will be informal, off the

privileged

and

confidential.

Counsel

for

non-English

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2. Personal Appearance of Parties Is Required:

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All parties, adjusters for insured defendants, and other

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representatives of a party having full and complete authority1 to

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enter

into

a

binding

settlement,

and

the

principal

attorneys

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responsible for the litigation, must be present in person and

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legally and factually prepared to discuss settlement of the case.

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See S.D. Cal. Civ. L. R. 16.1(c).

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3. Full Settlement Authority Required

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In addition to counsel who will try the case, a party or

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party representative with full settlement authority must be present

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for the conference.

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rized representative of the corporation who is not retained outside

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counsel must be present and must have discretionary authority to

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commit the company to pay an amount up to the amount of the

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plaintiff's prayer (excluding punitive damage prayers). The purpose

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of this requirement is to have representatives present who can

In the case of a corporate entity, an autho-

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"Full authority to settle" means that the individuals at the settlement
conference must be authorized to fully explore settlement options and to
agree at that time to any settlement terms acceptable to the parties.
Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648 (7th Cir.
1989). The person needs to have "unfettered discretion and authority" to
change the settlement position of a party. Pitman v. Brinker Intl., Inc.,
216 F.R.D. 481, 485-86 (D. Ariz. 2003). The purpose of requiring a person
with unlimited settlement authority to attend the conference includes that
the person's view of the case may be altered during the face to face
conference. Id. at 486. A limited or a sum certain of authority is not
adequate. The person with full settlement authority must be able to
negotiate a settlement without being restricted by any predetermined level
of authority. Nick v. Morgan's Foods, Inc., 270 F.3d 590 (8th Cir. 2001).

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settle

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consulting a superior.

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the

case

Unless

during

there

the

are

course

of

extraordinary

the

conference

without

circumstances,

persons

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required to attend the conference pursuant to this Order shall not

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be excused from personal attendance.

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attendance for extraordinary circumstances shall be made in writing

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at least one week before the conference. Failure to appear at the

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ENE conference will be grounds for sanctions.

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4.

Requests for excuse from

Settlement Proposal and Response Required

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No later than fifteen (15) days before the scheduled ENE

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Conference, Plaintiff(s) shall submit to Defendant(s) a written

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settlement

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scheduled ENE Conference, Defendant(s) shall submit a response to

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Plaintiff(s)' settlement proposal. All parties shall be prepared to

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address in their ENE Statements, and discuss at the ENE Conference,

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the settlement proposal and the response.

proposal.

No

later

than

ten

(10)

days

before

the

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5.

ENE Statements Required

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The Court requires that the parties file ENE Statements,

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which may be confidentially submitted within the party's discretion.

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No later than five (5) court days prior to the ENE, the parties

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shall submit directly to the undersigned's chambers statements of

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five pages or less which outline the nature of the case, the claims,

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the defenses, and the parties' positions regarding settlement of,

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and attempts to settle the case.

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Gallo's Chambers Rules.

All briefs must comply with Judge

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6. Case Management Under The Federal Rules of Civil Procedure

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In the event the case does not settle at the ENE Conference,

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the parties shall also be prepared to discuss the following matters

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at the conclusion of the conference.

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a.

Any anticipated objections under Federal Rule of Civil

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Procedure

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

26(a)(1)(E)

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b.

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c.

the

initial

disclosure

provisions

of

26(f) conference;

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to

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d.

The scheduling of a Case Management Conference pursuant

to Federal Rule of Civil Procedure 16(b).

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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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The scheduling of the Federal Rule of Civil Procedure

The Court will issue an appropriate order addressing these
issues and setting dates as appropriate.

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7.

Time Allotted

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The Court generally allots two (2) hours for ENEs.
prepared to be succinct and to the point.

Counsel

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should be

Requests for

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additional time must be made in writing in the party's ENE state-

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ment, accompanied by a short explanation.

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8.

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Plaintiff's counsel shall give notice of the ENE Conference

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to all parties responding to the Complaint after the date of this

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Notice.

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9.

New Parties Must Be Notified by Plaintiff's Counsel

Requests to Continue an ENE Conference

Civil Local Rule 16.1(c) requires that an ENE take place

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within 45 days of the filing of the first answer.

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continue ENE conferences are rarely granted.

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reschedule an ENE must first confer with opposing counsel.

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Court will consider formal, written ex parte requests to continue an

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ENE conference when extraordinary circumstances exist that make a

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Requests to

Counsel seeking to

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The

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continuance appropriate.

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distance to appear at the ENE conference is not an extraordinary

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circumstance.

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continuances of the ENE conference may not be considered unless

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submitted in writing no less than seven (7) calendar days prior to

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the

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Chambers Rules for additional guidance regarding the areas which

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must be addressed in the request.

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scheduled

In and of itself, having to travel a long

Absent extraordinary circumstances, requests for

conference.

Questions

regarding

Please

this

refer

case

may

to

be

the

undersigned's

directed

to

the

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Magistrate Judge's Research Attorney at [phone].

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consult the undersigned's Chambers Rules, available on the Court's

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website, before contacting chambers with any question(s).

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IT IS SO ORDERED.

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DATED: April 10, 2012

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Hon. William V. Gallo
U.S. Magistrate Judge

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