Hangingout, Inc. v. Google, Inc.

Filing 45

ORDER Setting Voluntary Settlement Conference for 6/5/2014 at 2:30PM before Magistrate Judge Nita L. Stormes. Briefs due 5/30/14. Signed by Magistrate Judge Nita L. Stormes on 5/23/14.(cge)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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HANGINOUT, INC., a Delaware
corporation,
v.

Plaintiff,

GOOGLE, INC., a Delaware
corporation,
Defendants.

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Civil No. 13cv2811 AJB (NLS)
ORDER SETTING VOLUNTARY
SETTLEMENT CONFERENCE

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At the request of the parties, the court SETS a Voluntary Settlement Conference

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for June 5, 2014 at 2:30 p.m. in the chambers of United States Magistrate Judge Nita L.

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Stormes, U.S. Courthouse, 333 West Broadway, Suite 1210, San Diego, California

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92101-8921. Counsel or any party representing himself or herself shall submit

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confidential settlement briefs directly to chambers no later than May 30, 2014. All

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parties are ordered to read and to fully comply with the attached Settlement Conference

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Procedures. IT IS SO ORDERED.

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DATED: May 23, 2014

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Hon. Nita L. Stormes
U.S. Magistrate Judge
United States District Court
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13cv2811 AJB (NLS)

Chambers of Magistrate Judge Nita L. Stormes
Settlement Conference Procedures

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1.
Attendance: All parties, adjusters for insured defendants, and other
representatives of a party having full and complete authority to enter into a binding
settlement, and the principal attorneys responsible for the litigation, must be present and
legally and factually prepared to discuss settlement of the case. Full authority to settle
means that the individuals at the settlement conference 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, 653 (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, 485-486 (D.
Ariz. 2003). One of the purposes of requiring a person with unlimited settlement
authority to attend the conference is that the person's view of the case may be altered
during the face-to-face conference. Pitman, 216 F.R.D. at 486. Limited or sum certain
authority is not adequate. Nick v. Morgan's Foods, Inc., 270 F.3d 590, 595-597 (8th Cir.
2001). Failure of any of the aforementioned to appear in person will result in the
imposition of sanctions. Where settlement authority rests with a governing body, counsel
shall propose special arrangements in advance for securing timely authority to settle.
Requests to continue settlement conferences are rarely granted. The Court,
however, will consider written joint motion or ex parte requests to continue a conference
when extraordinary circumstances exist that make a continuance appropriate. In and of
itself, having to travel a long distance to appear in person is not "extraordinary" to justify
continuing the conference or excusing the personal attendance of a party.
2.
Settlement Conference Briefs: All parties are required to lodge a
confidential settlement brief before the Settlement Conference. Please refer to the
Court's order for the due date for the brief. Settlement briefs should not exceed ten (10)
pages in length, double spaced, exclusive of exhibits, if any. Copies of all documents
that might enhance the productivity of negotiations (e.g., contracts, key correspondence
or memos, reports of experts, photos, medical bills, wage loss statements, selected pages
from deposition transcripts or responses to other discovery) should be attached as
exhibits to the settlement briefs with significant portions highlighted for easy reference.
Parties may also attach as exhibits helpful judicial opinions and information about the
settlement or judgment value of comparable cases. Each brief shall set forth the
following required confidential information:

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a.
b.

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c.

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d.

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e.

A brief analysis of the key issues involved in the litigation;
A description of the strongest and weakest legal and factual points in the
party's case;
A description of the strongest and weakest legal and factual points in the
opponent's case;
The status of any settlement negotiations, including the last settlement
proposal made by each party; and
The settlement proposal that the party is willing to make in order to conclude
the matter and spare the further expense of litigation.

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Parties should hand deliver, mail, or electronically mail the original only of settlement
briefs directly to chambers. If the submission exceeds 20 pages, a paper copy must be
delivered or mailed to chambers. FAX briefs will not be accepted. Settlement briefs
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Chambers of Magistrate Judge Nita L. Stormes
333 West Broadway, Suite 1210
San Diego, CA 92101
email: [[e-mail]]
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13cv2811 AJB (NLS)