Evenchik v. Avis Rent A Car System, LLC
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)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
LYNN EVENCHIK, on behalf of herself
and all others similarly situated,
AVIS RENT A CAR SYSTEM, LLC,
On October 30, 2013, counsel for the parties jointly contacted the Court to schedule
a Settlement Conference. Accordingly, IT IS HEREBY ORDERED that a Settlement
Conference shall be conducted on November 26, 2013 at 9:00 a.m. in the chambers of
Magistrate Judge David H. Bartick. Counsel may, but are not required to, submit settlement
statements to the Court. Any settlement statements shall be submitted directly to Magistrate
Judge Bartick’s chambers no later than November 19, 2013.1 The parties may either submit
confidential settlement statements or may exchange their settlement statements. All named
parties, all counsel, and any other person(s) whose authority is required to negotiate and
enter into settlement shall appear in person at the conference. The individual(s) present at
Statements under 20 pages in length, including attachments and exhibits, may be
delivered directly to chambers or e-mailed to efile_Bartick@casd.uscourts.gov.
28 Statements exceeding 20 pages in length, including attachments and exhibits, must be
delivered directly to chambers.
the Settlement Conference with settlement authority must have the unfettered discretion and
authority on behalf of the party to: 1) fully explore all settlement options and to agree during
the Settlement Conference to any settlement terms acceptable to the party (G. Heileman
Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989)), 2) change the
settlement position of a party during the course of the Settlement Conference (Pitman v.
Brinker Int’l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003)), and 3) negotiate a settlement
without being restricted by any predetermined level of authority (Nick v. Morgan’s Foods,
Inc., 270 F.3d 590, 596 (8th Cir. 2001)).
IT IS SO ORDERED.
DATED: October 31, 2013
DAVID H. BARTICK
United States Magistrate Judge
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