Gann v. Progressive Management Systems, Inc.

Filing 6

NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 9/12/2016 02:30 PM before Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 8/12/2016.(kcm)

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','" ,=, 'l' ).I :;.''I!I!, t ~:J ~,.-., H" I'"'' " ) l'hm::!!u<~"'" 1 AUG 15 2016 2 CLERK, U.s, DISTR!CT (:OURT SOUTHERl\ LiiSTRiCT OF Ct-u;::or:,N!/l ,R~~~____ ._____ .____~~,e~L~~ 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PETERGANN, Case No.: 16cv1248 JLS (KSC) Plaintiff, 12 13 v. 14 PROGRESSIVE MANAGEMENT SYSTEMS, INC., 15 NOTICE AND ORDER SETTING EARLY NEUTRAL EVALUATION CONFERENCE Defendant. 16 17 IT IS ORDERED that an Early Neutral Evaluation of your case will be held on 18 19 September 12,2016 at 2:30 in the Chambers of Magistrate Judge Karen S. Crawford, 20 United States District Court, 333 West Broadway, Suite 1010, San Diego, California 21 '22 23 24 25 26 27 28 92101. The following are mandatory guidelines for the parties preparing for the Early Neutral Evaluation Conference. 1. Purpose of Conference: The purpose of the Early Neutral Evaluation Conference ("ENE") is to permit an informal discussion between the attorneys, parties, and the settlement judge of every aspect of the lawsuit in an effort to achieve an early resolution of the case. All conference discussions will be informal, off the record, privileged and confidential. Counsel for any non-English speaking parties is responsible for arranging for the appearance of an interpreter at the conference. 16cv1248 JLS (KSC) ," 1 2. Personal Appearance of Parties Is Required: All parties, adjusters for 2 insured defendants, and other representatives of a party having full and complete authority 3 to enter into a binding settlement, and the principal attomeys responsible for the litigation, 4 must be present in person and legally and factually prepared to discuss settlement of the 5 case. Full authority to settle means that the individuals at the ENE be authorized to fully 6 explore settlement options and to agree at that time to any settlement terms acceptable to 7 the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648,653 (7th Cir. 8 1989). The person needs to have "unfettered discretion and authority" to change the 9 settlement position of a party. Pitman v. Brinker Int'/, Inc., 216 F.RD. 481,485-486 (D. 10 Ariz. 2003). One ofthe purposes of requiring a person with unlimited settlement authority 11 to attend the conference is that the person's view of the case may be altered during the 12 face-to-face conference. Pitman, 216 F.R.D. at 486. Limited or sum certain authority is 13 not adequate. Nick v. Morgan's Foods, Inc., 270 F.3d 590, 595-597 (8th Cir. 2001). 14 Counsel appearing without their clients (whether or not counsel has been given 15 settlement authority) will be cause for immediate imposition of sanctions and will also 16 result in the immediate termination of the conference. 17 3. Full Settlement Authority Required: In addition to counsel who will try the 18 case, a party or party representative with full settlement authority must be present for the 19 conference. 20 corporation who is not retained outside counsel must be present and must have 21 discretionary authority to commit the company to pay an amount up to the amount of the 22 plaintiff sprayer (excluding punitive damage prayers). The purpose of this requirement is 23 to have representatives present who can settle the case during the course of the conference 24 without consulting a superior. Counsel for a government entity may be excused from this 25 requirement so long as the government attorney who attends the ENE conference (1) has 26 primary responsibility for handling the case; and (2) may negotiate settlement offers which 27 the attorney is willing to recommend to the government official having ultimate settlement 28 authority. In the case of a corporate entity, an authorized representative of the 2 16cv1248 JLS (KSC) 1 4. Confidential ENE Statements Required: No later than seven (7) days 2 before the ENE, the parties shall submit confidential statements of five pages or less 3 directly to the chambers of Magistrate Judge Crawford outlining the nature of the case, the 4 claims, and the defenses. These statements shall not be filed or served on opposing 5 counsel. They can be lodged via email at If exhibits 6 are attached and the total submission amounts to more than 20 pages, a hard copy must be 7 delivered directly to chambers. 8 9 10 11 5. New Parties Must Be Notified by Plaintiffs Counsel: Plaintiffs counsel shall give notice of the ENE to parties responding to the complaint after the date of this notice. 6. Case Management Under the Amended Federal Rules: In the event the 12 case does not settle at the ENE, the parties can expect to leave the ENE with Rule 26 13 compliance dates or deadlines. Parties shall therefore be prepared to discuss the following 14 matters at the conclusion of the ENE conference: 15 16 a. Any anticipated objections under Federal Rule of Civil Procedure 26(a)(1)(E) to the initial disclosure provisions of Federal Rule of Civil Procedure '17 26(a)(1)(A-D); 18 b. 19 within 24 days following the ENE: 20 21 c. 24 25 26 The date of initial disclosure and the date for lodging the discovery plan within 14 days following the Rule 26(t) conference; and, d. 22 23 The scheduling ofthe Federal Rule of Civil Procedure 26(t) conference The scheduling of a Case Management Conference pursuant to Federal Rule of Civil Procedure 16(b) within 21 days following the Rule 26( t) conference. The Court will issue an order following the ENE addressing these issues and setting dates as appropriate. 7. Requests to Continue an ENE Conference: Local Rule 16.1 (c) requires that 27 an ENE take place within 45 days of the filing of the first answer. Requests to continue .28 ENEs are rarely granted. However, the Court will consider formal, written ex parte or joint 3 16cv1248 JLS (KSC) 1 requests to continue an ENE conference when extraordinary circumstances exist that make 2 a continuance appropriate. In and of itself, having to travel a long distance to appear in 3 person is not "extraordinary." 4 continuances will not be considered unless submitted in writing no less than seven (7) 5 days prior to the scheduled conference. 6 7 8 9 Absent extraordinary circumstances, requests for Questions regarding this case or the mandatory guidelines set forth herein may be directed to the Magistrate Judge's law clerks at (619) 446-3964. A Notice of Right to Consent to Trial Before a United States Magistrate Judge is attached for your information. 10 IT IS SO ORDERED. 11 Dated: August 12,2016 12 13 United Sta es Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 16cv1248 JLS (KSC) 1 NOTICE OF RIGHT TO CONSENT TO TRIAL 2 BEFORE A UNITED STATES MAGISTRATE JUDGE 3 4 IN ACCORDANCE WITH THE PROVISIONS OF 28 U.S.C. ยง 636( c), YOU ARE 5 HEREBY NOTIFIED THAT A U.S. MAGISTRATE JUDGE OF THIS DISTRICT MAY, 6 UPON THE CONSENT OF ALL PARTIES, ON FORM lA AVAILABLE IN THE 7 CLERK'S OFFICE, CONDUCT ANY OR ALL PROCEEDINGS, INCLUDING A JURy 8 OR NON-JURY TRIAL, AND ORDER THE ENTRY OF A FINAL JUDGMENT. 9 COUNSEL FOR THE PLAINTIFF SHALL BE RESPONSIBLE FOR OBTAINING THE 10 CONSENT OF ALL PARTIES, SHOULD THEY DESIRE TO CONSENT. 11 YOU SHOULD BE AWARE THAT YOUR DECISION TO CONSENT OR NOT 12 TO CONSENT IS ENTIRELY VOLUNTARY. ONLY IF ALL PARTIES CONSENT 13 WILL THE JUDGE OR MAGISTRATE JUDGE TO WHOM THE CASE HAS BEEN 14 ASSIGNED BE INFORMED OF YOUR DECISION. 15 JUDGMENTS OF THE U.S. MAGISTRATE JUDGES ARE APPEALABLE TO 16 THE U.S. COURT OF APPEALS IN ACCORDANCE WITH THIS STATUTE AND 17 THE FEDERAL RULES OF APPELLATE PROCEDURE. 18 19 20 21 22 '23 24 25 26 27 28 5 16cv1248 JLS (KSC)

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