Chyba v. First Financial Asset Management, Inc.
Filing
37
MINUTE ORDER: The date and time of the Settlement Conference on June 10, 2013 at 9:00 AM is vacated and reset for July 12, 2013 at 9:00 AM. Signed by Magistrate Judge William V. Gallo on 5/15/2013.(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 Settlement Conference on June 10, 2013 at 9:00 AM is
vacated and reset for July 12, 2013 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).
DATED: May 15, 2013
Hon. William V. Gallo
U.S. Magistrate Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?