LG Electronics Mobile Comm U.S.A., Inc. et al v. Xiaowen et al

Filing 96

Notice and ORDER Setting In-Person Settlement Conference with Plaintiffs, Defendant Bestcom Wireless Network, Inc. and Defendant N&K Trading, Inc. (Settlement Conference set for 11/2/2016 02:30 PM before Magistrate Judge Nita L. Stormes) Signed by Magistrate Judge Nita L. Stormes on 9/8/2016.(kcm)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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LG ELECTRONICS MOBILECOMM
U.S.A., INC. et al.,

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NOTICE AND ORDER SETTING INPERSON SETTLEMENT
CONFERENCE WITH PLAINTIFFS,
DEFENDANT BESTCOM
WIRELESS NETWORK, INC., AND
DEFENDANT N&K TRADING, INC.

Plaintiffs,

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Case No.: 3:16-cv-01162-JLS-NLS

v.
HUANG XIAOWEN doing business as
TOP UUSHOP, et al.,

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Defendants.

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To Plaintiffs, Defendant Bestcom Wireless Network, Inc., and Defendant
N&K Trading, Inc.:

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IT IS ORDERED that an in-person settlement conference of your case will be held

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on November 2, 2016 at 2:30 p.m. in the Chambers of Magistrate Judge Nita L. Stormes,

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United States Carter-Keep Courthouse, 333 West Broadway, Suite 1210, San Diego,

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California 92101.

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The following are mandatory guidelines for preparing for the settlement
conference.
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Purpose of Conference: The purpose of the conference is to permit an

informal discussion between the attorneys, parties, and the settlement judge of every
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3:16-cv-01162-JLS-NLS

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aspect of the lawsuit in an effort to achieve an early resolution of the case. All

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conference discussions will be informal, off the record, privileged and confidential.

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Counsel for any non-English speaking parties is responsible for arranging for the

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appearance of an interpreter at the conference.

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2.

Personal Appearance of Parties Is Required: All parties, adjusters for

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insured defendants, and other representatives of a party having full and complete

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authority to enter into a binding settlement, and the principal attorneys responsible for the

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litigation, must be present in person and legally and factually prepared to discuss

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settlement of the case. Full authority to settle means that the individuals at the

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conference be authorized to fully explore settlement options and to agree at that time to

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any settlement terms acceptable to the parties. Heileman Brewing Co., Inc. v. Joseph Oat

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Corp., 871 F.2d 648, 653 (7th Cir. 1989). The person needs to have “unfettered

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discretion and authority” to change the settlement position of a party. Pitman v. Brinker

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Int’l, Inc., 216 F.R.D. 481, 485-486 (D. Ariz. 2003). One of the purposes of requiring a

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person with unlimited settlement authority to attend the conference is that the person’s

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view of the case may be altered during the face-to-face conference. Pitman, 216 F.R.D.

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at 486. Limited or sum certain authority is not adequate. Nick v. Morgan’s Foods, Inc.,

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270 F.3d 590, 595-597 (8th Cir. 2001). Counsel appearing without their clients

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(whether or not counsel has been given settlement authority) will be cause for

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immediate imposition of sanctions and will also result in the immediate termination

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of the conference.

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3.

Full Settlement Authority Required: In addition to counsel who will try

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the case, a party or party representative with full settlement authority must be present

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for the conference. In the case of a corporate entity, an authorized representative of the

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corporation who is not retained outside counsel must be present and must have

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discretionary authority to commit the company to pay an amount up to the amount of the

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plaintiff’s prayer (excluding punitive damage prayers). The purpose of this requirement

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is to have representatives present who can settle the case during the course of the
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conference without consulting a superior. Counsel for a government entity may be

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excused from this requirement so long as the government attorney who attends the

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conference (1) has primary responsibility for handling the case; and (2) may negotiate

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settlement offers which the attorney is willing to recommend to the government official

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having ultimate settlement authority.

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Questions regarding this case or the mandatory guidelines set forth herein may be

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directed to the Magistrate Judge’s law clerks at [phone]. In the interim, if the

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parties’ continued settlement discussions result in settling this matter before the

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November 2nd conference, they must notify the undersigned’s chambers.

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IT IS SO ORDERED.
Dated: September 8, 2016

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