Montgomery v. Wal-Mart Stores, Inc. et al
ORDER: Settlement Conference set for 10/1/2014 09:30 AM in chambers before Magistrate Judge David H. Bartick. Signed by Magistrate Judge David H. Bartick on 8/19/2014.(All non-registered users served via U.S. Mail Service)(knb)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
WAL-MART STORES, INC.;
KINDERHOOK INDUSTRIES II, L.P.;
KINDERHOOK INDUSTRIES, L.L.C.;
KINDERHOOK CAPITAL FUND II,
L.P.; CRESTWOOD HOLDINGS, INC.;
BERGAN, L.L.C.; JOHN ELMBURG;
ROBERT ELMBURG; ERIC
ELMBURG; ROCKY FLICK; HOME
DEPOT U.S.A.; DOES 1 through 20,
On August 19, 2014, the Court held a telephonic Status Conference in this matter.
Having been apprised of the status of the case, and good cause appearing, IT IS HEREBY
A Settlement Conference shall be conducted on October 1, 2014 at 9:30 a.m. in
the chambers of Magistrate Judge David H. Bartick. The parties shall submit settlement
statements directly to Magistrate Judge Bartick’s chambers no later than September 24,
2014.1 The parties may either submit confidential settlement statements or may exchange
Statements under 20 pages in length, including attachments and exhibits, shall be
e-mailed to chambers at efile_Bartick@casd.uscourts.gov. Statements exceeding 20
pages in length, including attachments and exhibits, must be delivered directly to
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 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)).
Governmental entities may appear through litigation counsel only. As to all other
parties, appearance by litigation counsel only is not acceptable. 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. The failure of any counsel, party or
authorized person to appear at the Settlement Conference as required shall be cause
for the immediate imposition of sanctions. All conference discussions will be informal,
off the record, privileged, and confidential.
IT IS SO ORDERED.
DATED: August 19, 2014
DAVID H. BARTICK
United States Magistrate Judge
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