Lopez et al v. Aqui Es Texcoco, Inc. et al
Filing
42
MINUTE ORDER: A Settlement Conference shall be held on September 22, 2014, at 9:00 AM in Courtroom 2A. Signed by Magistrate Judge William V. Gallo on 8/11/2014.(knb)
MINUTES OF THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
AQUI ES TEXCOCO
LOPEZ
HON. WILLIAM V. GALLO
v. LOPEZ
v. AQUI ES TEXCOCO
No. 12-2113-BEN(WVG)
No. 12-1215-BEN(WVG)
CT. DEPUTY M. BROWN
RPTR.
A Settlement Conference shall be held on September 22, 2014, at
AM in Courtroom 2A.
9:00
All parties or their representatives who have full authority to enter
into a binding settlement, in addition to the attorneys participating
in the litigation, shall be present at the conference.
Pursuant to Local Civil Rule 16.3, all party representatives and claims
adjusters for insured defendants with full and unlimited authority to
negotiate and enter into a binding settlement, as well as the principal
attorney(s) responsible for the litigation, must be present and legally
and factually prepared to discuss in good faith and resolve the case at
the mandatory settlement conference. Retained outside corporate counsel
shall not appear on behalf of a corporation as the party who has the
authority to negotiate and enter into a settlement.
"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, 485-486 (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. Nick v. Morgan's Foods, Inc., 270 F.3d 590
(8th Cir. 2001).
On or before September 15, 2014, counsel shall submit settlement
conference statements to the Court.
DATED:
August 11, 2014
Hon. William V. Gallo
U.S. Magistrate Judge
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