Evenchik v. Avis Rent A Car System, LLC

Filing 75

ORDER Scheduling Settlement Conference. Settlement Conference set for 11/26/2013 09:00 AM in chambers before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 10/31/2013.(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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LYNN EVENCHIK, on behalf of herself
and all others similarly situated,
Plaintiff,
v.
AVIS RENT A CAR SYSTEM, LLC,
Defendant.

Civil No.

12-cv-0061-BEN (DHB)

ORDER SCHEDULING
SETTLEMENT CONFERENCE

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On October 30, 2013, counsel for the parties jointly contacted the Court to schedule

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a Settlement Conference. Accordingly, IT IS HEREBY ORDERED that a Settlement

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Conference shall be conducted on November 26, 2013 at 9:00 a.m. in the chambers of

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Magistrate Judge David H. Bartick. Counsel may, but are not required to, submit settlement

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statements to the Court. Any settlement statements shall be submitted directly to Magistrate

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Judge Bartick’s chambers no later than November 19, 2013.1 The parties may either submit

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confidential settlement statements or may exchange their settlement statements. All named

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parties, all counsel, and any other person(s) whose authority is required to negotiate and

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

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Statements under 20 pages in length, including attachments and exhibits, may be
delivered directly to chambers or e-mailed to [e-mail].
28 Statements exceeding 20 pages in length, including attachments and exhibits, must be
delivered directly to chambers.
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12cv61-BEN (DHB)

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the 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

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

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

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settlement position of a party during the course of the Settlement Conference (Pitman v.

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Brinker Int’l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003)), and 3) negotiate a settlement

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without being restricted by any predetermined level of authority (Nick v. Morgan’s Foods,

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Inc., 270 F.3d 590, 596 (8th Cir. 2001)).

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IT IS SO ORDERED.
DATED: October 31, 2013

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DAVID H. BARTICK
United States Magistrate Judge

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12cv61-BEN (DHB)