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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 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 15 16 17 On October 30, 2013, counsel for the parties jointly contacted the Court to schedule 18 a Settlement Conference. Accordingly, IT IS HEREBY ORDERED that a Settlement 19 Conference shall be conducted on November 26, 2013 at 9:00 a.m. in the chambers of 20 Magistrate Judge David H. Bartick. Counsel may, but are not required to, submit settlement 21 statements to the Court. Any settlement statements shall be submitted directly to Magistrate 22 Judge Bartick’s chambers no later than November 19, 2013.1 The parties may either submit 23 confidential settlement statements or may exchange their settlement statements. All named 24 parties, all counsel, and any other person(s) whose authority is required to negotiate and 25 enter into settlement shall appear in person at the conference. The individual(s) present at 26 1 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. 27 12cv61-BEN (DHB) 1 the Settlement Conference with settlement authority must have the unfettered discretion and 2 authority on behalf of the party to: 1) fully explore all settlement options and to agree during 3 the Settlement Conference to any settlement terms acceptable to the party (G. Heileman 4 Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989)), 2) change the 5 settlement position of a party during the course of the Settlement Conference (Pitman v. 6 Brinker Int’l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003)), and 3) negotiate a settlement 7 without being restricted by any predetermined level of authority (Nick v. Morgan’s Foods, 8 Inc., 270 F.3d 590, 596 (8th Cir. 2001)). 9 10 IT IS SO ORDERED. DATED: October 31, 2013 11 DAVID H. BARTICK United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 12cv61-BEN (DHB)

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