Strem v. County of San Diego et al

Filing 30

ORDER Rescheduling Settlement Conference. The Settlement Conference scheduled on February 14, 2017, at 10:00 a.m. is vacated and reset for March 1, 2017 at 2:00 p.m. Signed by Magistrate Judge Jan M. Adler on 2/3/2017.(knb)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY STREM, Case No.: 15CV2120-KSC(JMA) Plaintiff, 12 13 v. 14 ORDER RESCHEDULING SETTLEMENT CONFERENCE COUNTY OF SAN DIEGO; SAN DIEGO SHERIFFS DEPUTIES WILLIS (#9925); and MYERS (#7284), 15 16 Defendants. 17 18 The Settlement Conference scheduled on February 14, 2017, at 10:00 a.m. 19 20 is vacated and reset for March 1, 2017 at 2:00 p.m. Counsel shall submit 21 settlement statements to Magistrate Judge Adler's chambers no later than 22 February 22, 2017.1 The parties may either submit confidential settlement 23 statements or may exchange their settlement statements. 24 25 26 27 28 1 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 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. 1 15CV2120-KSC(JMA) 1 All named parties, all lead trial counsel, and any other person(s) 2 whose authority is required to negotiate and enter into settlement shall 3 appear in person at the conference. The individual(s) present at the 4 Settlement Conference with settlement authority must have the unfettered 5 discretion and authority on behalf of the party to: 1) fully explore all 6 settlement options and to agree during the conference to any settlement 7 terms acceptable to the party (G. Heileman Brewing Co., Inc. v. Joseph Oat 8 Corp., 871 F.2d 648, 653 (7th Cir. 1989)), 2) change the settlement position 9 of a party during the course of the conference (Pitman v. Brinker Int'l, Inc., 10 216 F.R.D. 481, 485-86 (D. Ariz. 2003)), and 3) negotiate a settlement without 11 being restricted by any predetermined level of authority (Nick v. Morgan's 12 Foods, Inc., 270 F.3d 590, 596 (8th Cir. 2001)). Governmental entities may 13 appear through litigation counsel only. As to all other parties, appearance by 14 litigation counsel only is not acceptable. Retained outside corporate counsel 15 shall not appear on behalf of a corporation as the party who has the authority to 16 negotiate and enter into a settlement. 17 The failure of any counsel, party or authorized person to appear at the 18 Settlement Conference as required shall be cause for the immediate 19 imposition of sanctions. All conference discussions will be informal, off the 20 record, privileged, and confidential. 21 22 IT IS SO ORDERED. Dated: February 3, 2017 23 24 25 26 27 28 2 15CV2120-KSC(JMA)

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