Solatube Global Marketing, Inc. et al v. Solatube International, Inc. et al

Filing 15

Order Scheduling Settlement Conference. A telephonic Early Neutral Evaluation Conference was held on 6/20/2017. A Settlement Conference will be held on 9/6/2017 at 02:00 PM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 6/20/2017.(lrf)

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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 SOLATUBE GLOBAL MARKETING, INC., a Washington corporation; INTERNATIONAL MARKETING GROUP, LLC, DBA HYPERIOGLOBAL LLC, a Nevada limited liability company , 15 16 17 Case No.: 16CV3110-LAB(JMA) ORDER SCHEDULING SETTLEMENT CONFERENCE Plaintiffs, v. 24 SOLATUBE INTERNATIONAL, INC., a Delaware corporation; SOLATUBE WORLDWIDE SALES LLC, a California limited liability company; ROBERT WESTFALL, individually and as President of SOLATUBE INTERNATIONAL, INC. and SOLATUBE WORLDWIDE SALES LLC; DAVID RILLIE, individually and as Chief Executive Officer of SOLATUBE INTERNATIONAL, INC. , 25 Defendants. 18 19 20 21 22 23 26 27 28 A telephonic Early Neutral Evaluation Conference was held on June 20, 2017, at 10:00 a.m. After conferring with counsel and with good cause appearing, 1 16CV3110-LAB(JMA) 1 the Court defers setting deadlines for compliance with Fed. R. Civ. P. Rule 26(a) 2 and (f). 3 A Settlement Conference will be held in the chambers of Magistrate Judge 4 Jan M. Adler on September 6, 2017 at 2:00 p.m., Edward J. Schwartz United 5 States Courthouse, 221 West Broadway, San Diego, California. Counsel shall 6 submit settlement statements to Magistrate Judge Adler's chambers no later than 7 August 30, 2017.1 The parties may either submit confidential settlement 8 statements or may exchange their settlement statements. 9 All named parties, all counsel, and any other person(s) whose 10 authority is required to negotiate and enter into settlement shall appear in 11 person at the conference. The individual(s) present at the Settlement 12 Conference with settlement authority must have the unfettered discretion 13 and authority on behalf of the party to: 1) fully explore all settlement 14 options and to agree during the conference to any settlement terms 15 acceptable to the party (G. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 16 871 F.2d 648, 653 (7th Cir. 1989)), 2) change the settlement position of a 17 party during the course of the conference (Pitman v. Brinker Int'l, Inc., 216 18 F.R.D. 481, 485-86 (D. Ariz. 2003)), and 3) negotiate a settlement without 19 being restricted by any predetermined level of authority (Nick v. Morgan's 20 Foods, Inc., 270 F.3d 590, 596 (8th Cir. 2001)). Governmental entities may 21 appear through litigation counsel only. As to all other parties, appearance by 22 litigation counsel only is not acceptable. Retained outside corporate counsel 23 shall not appear on behalf of a corporation as the party who has the authority to 24 25 26 27 28 1 Statements under 20 pages in length, including attachments and exhibits, may be e-mailed to, 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. 2 16CV3110-LAB(JMA) 1 2 negotiate and enter into a settlement. The failure of any counsel, party or authorized person to appear at the 3 Settlement Conference as required shall be cause for the immediate 4 imposition of sanctions. All conference discussions will be informal, off the 5 record, privileged, and confidential. 6 7 IT IS SO ORDERED. Dated: June 20, 2017 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 16CV3110-LAB(JMA)

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