Bee, Denning, Inc. v. Capital Alliance Group

Filing 57

ORDER Rescheduling Mandatory Settlement Conference. The Mandatory Settlement Conference set for May 24, 2016, at 9:00 a.m., is vacated and reset for May 26, 2016, at 9:00 a.m., in the chambers of Magistrate Judge William V. Gallo. Counsel shall submit settlement statements directly to chambers no later than May 19, 2016. Signed by Magistrate Judge William V. Gallo on 1/27/16.(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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BEE, DENNING, INC.,
Plaintiff,

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Case No.: 13-CV-2654-BAS (WVG)
ORDER RESCHEDULING
MANDATORY SETTLEMENT
CONFERENCE

v.
CAPITAL ALLIANCE GROUP,
Defendant.

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The Mandatory Settlement Conference set for May 24, 2016, at 9:00 a.m., is

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VACATED and RESET for May 26, 2016, at 9:00 a.m., in the chambers of Magistrate

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Judge William V. Gallo. Counsel shall submit settlement statements directly to chambers

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no later than May 19, 2016. Each party's settlement statement shall set forth the party's

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statement of the case, identify controlling legal issues, concisely set out issues of liability

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and damages, and shall set forth the party's settlement position, including the last offer or

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demand made by that party, and a separate statement of the offer or demand the party is

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prepared to make at the settlement conference. Settlement conference briefs shall not be

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filed with the Clerk of the Court, but may be served on opposing counsel at the party's

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discretion.

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Chambers Rules. The parties shall meet and confer in good faith prior to the Mandatory

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Settlement Conference, and verify that they have done so in their respective Mandatory

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Settlement Conference statements, outlining the substance of their discussions and

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negotiations.

Settlement conference briefs shall comply with the undersigned's

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Pursuant to Federal Rule of Civil Procedure 16 and Local Civil Rule 16.3, all named

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Plaintiffs, named Defendants, claims adjusters for insured defendants, and if a named

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Plaintiff or Defendant is a corporation, partnership, or other entity, a representative of that

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entity, with full and unlimited authority1/ to negotiate and enter into a binding settlement,

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as well as the principal attorney(s) responsible for the litigation, must be present and must

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be prepared to discuss in good faith, the facts of the case, the law that governs the legal

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issues in the case, and to resolve the case at the Settlement Conference. Sanctions may

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issue against a party and/or attorney who does not proceed as noted above. Retained

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outside corporate counsel shall not appear on behalf of a corporation as the party who has

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the authority to negotiate and enter into a settlement. For good cause, and on ex parte

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application at least one week before the scheduled settlement conference, Magistrate Judge

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Gallo may excuse a party or representative from personal attendance provided such party

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"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 Int'l, Inc., 216 F.R.D. 481,
485-86 (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).
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or parties will be available by telephone during the conference. Failure to attend the

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conference or participate in good faith or obtain proper excuse will be considered grounds

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for sanctions. Counsel seeking to reschedule a Settlement Conference must first confer

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with opposing counsel. The Court will consider formal, written ex parte requests to

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continue a Settlement Conference when extraordinary circumstances exist that make a

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continuance appropriate. In and of itself, having to travel a long distance to appear at the

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Settlement Conference is not an extraordinary circumstance.

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Counsel for a government entity may be excused from this requirement so long as

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the government attorney who attends the Settlement Conference (1) has primary

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responsibility for handling the case; and (2) may negotiate settlement offers which the

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attorney is willing to recommend to the government official who has ultimate settlement

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authority.

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IT IS SO ORDERED.

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Dated: January 27, 2016

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