Moore v. United States of America
Filing
19
MINUTE ORDER: Settlement Conference set for 9/10/2014 at 9:00 AM is vacated and reset for 9/9/2014 at 9:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 5/28/2014.(rlu)
MINUTES OF THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
MOORE
v. USA
HON. WILLIAM V. GALLO
No. 13-0931-DMS(WVG)
CT. DEPUTY J. YAHL
RPTR.
The date and time of the Settlement Conference on September 10, 2014
at 9:00 AM is vacated and reset for September 9, 2014 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 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).
DATED:
May 28, 2014
Hon. William V. Gallo
U.S. Magistrate Judge
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