Gardner v. Cafepress Inc. et al

Filing 51

ORDER Resetting Mandatory Settlement Conference. Mandatory Settlement Conference reset for 4/7/2014 02:00 PM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 3/11/2014.(knb)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 ) ) ) ) Plaintiff, ) ) v. ) ) CAFEPRESS, INC., a Delaware corporation, and BEVERLY TEALL, ) ) an individual, ) ) Defendants. ) STEVEN M. GARDNER, an individual, Case No. 13CV1108-GPC(JMA) ORDER RESETTING MANDATORY SETTLEMENT CONFERENCE 18 At Defendant’s request, the Mandatory Settlement Conference on 19 April 8, 2014 at 10 a.m. is vacated and reset for April 7, 2014 at 2 p.m.. 20 Counsel shall submit settlement statements to Magistrate Judge Adler's 21 chambers no later than March 31, 2014.1 The parties may either submit 22 confidential settlement statements or may exchange their settlement 23 statements. Each party's settlement statement shall set forth the party's 24 statement of the case, identify controlling legal issues, concisely set out 25 issues of liability and damages, and shall set forth the party's settlement 26 Statements under 20 pages in length, including attachments and exhibits, may be e-mailed to efile_adler@casd.uscourts.gov, faxed to (619) 702-9939, or 28 delivered to chambers via the Office of the Clerk of Court at 333 West Broadway, Suite 420, San Diego, California. Statements exceeding 20 pages in length, including attachments and exhibits, must be delivered to chambers via the Office of the Clerk of Court. 27 1 1 position, including the last offer or demand made by that party, and a 2 separate statement of the offer or demand the party is prepared to make at 3 the Mandatory Settlement Conference. The settlement conference 4 briefs shall not be filed with the Clerk of the Court. 5 All named parties, all counsel, and any other person(s) whose 6 authority is required to negotiate and enter into settlement shall 7 appear in person at the conference. The individual(s) present at the 8 Mandatory Settlement Conference with settlement authority must 9 have the unfettered discretion and authority on behalf of the party to: 10 1) fully explore all settlement options and to agree during the 11 Mandatory Settlement Conference to any settlement terms acceptable 12 to the party (G. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 13 F.2d 648, 653 (7th Cir. 1989)), 2) change the settlement position of a 14 party during the course of the Mandatory Settlement Conference 15 (Pitman v. Brinker Int'l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003)), 16 and 3) negotiate a settlement without being restricted by any 17 predetermined level of authority (Nick v. Morgan's Foods, Inc., 270 18 F.3d 590, 596 (8th Cir. 2001)). 19 Appearance by litigation counsel only is not acceptable. Retained 20 outside corporate counsel shall not appear on behalf of a corporation as 21 the party who has the authority to negotiate and enter into a settlement. 22 The failure of any counsel, party or authorized person to appear at the 23 Mandatory Settlement Conference as required shall be cause for the 24 immediate imposition of sanctions. All conference discussions will be 25 informal, off the record, privileged, and confidential. 26 IT IS SO ORDERED. 27 DATED: March 11, 2014 28 Jan M. Adler U.S. Magistrate Judge 2

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