Chyba v. First Financial Asset Management, Inc.
Filing
12
MINUTE ORDER: The date and time of the Early Neutral Evaluation Conference on November 15, 2012 at 9:00 AM is vacated and reset for November 2, 2012 at 9:00 AM. Signed by Magistrate Judge William V. Gallo on 10/1/2012.(All non-registered users served via U.S. Mail Service)(knb)
MINUTES OF THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
v. FIRST FINANCIAL ASSET MGMT. No. 12-1721-BEN(WVG)
CHYBA
HON. WILLIAM V. GALLO
CT. DEPUTY J. YAHL
RPTR.
Attorneys
Plaintiffs
Defendants
The date and time of the Early Neutral Evaluation Conference on November 15,
2012 at 9:00 AM is vacated and reset for November 2, 2012 at 9:00 AM.
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 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 October 26, 2012, the parties shall submit Early Neutral Evaluation
Conference Statements to the Chambers of Magistrate Judge Gallo.
DATED: October 1, 2012
Hon. William V. Gallo
U.S. Magistrate Judge
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