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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 HANGINOUT, INC., a Delaware corporation, v. Plaintiff, GOOGLE, INC., a Delaware corporation, Defendants. ) ) ) ) ) ) ) ) ) ) Civil No. 13cv2811 AJB (NLS) ORDER SETTING VOLUNTARY SETTLEMENT CONFERENCE 16 17 18 At the request of the parties, the court SETS a Voluntary Settlement Conference 19 for June 5, 2014 at 2:30 p.m. in the chambers of United States Magistrate Judge Nita L. 20 Stormes, U.S. Courthouse, 333 West Broadway, Suite 1210, San Diego, California 21 92101-8921. Counsel or any party representing himself or herself shall submit 22 confidential settlement briefs directly to chambers no later than May 30, 2014. All 23 parties are ordered to read and to fully comply with the attached Settlement Conference 24 Procedures. IT IS SO ORDERED. 25 DATED: May 23, 2014 26 27 28 Hon. Nita L. Stormes U.S. Magistrate Judge United States District Court 1 13cv2811 AJB (NLS) Chambers of Magistrate Judge Nita L. Stormes Settlement Conference Procedures 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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: 20 a. b. 21 c. 22 d. 23 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. 24 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 26 are confidential and shall not be served on opposing parties nor shall they be filed. 25 27 28 Chambers of Magistrate Judge Nita L. Stormes 333 West Broadway, Suite 1210 San Diego, CA 92101 email: [efile_stormes@casd.uscourts.gov] 2 13cv2811 AJB (NLS)

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