Saint Onge Orchids, LLC v. San Diego, County of et al

Filing 8

ORDER Granting Joint 6 Motion to Continue Early Neutral Evaluation and Case Management Conference. The ENE Conference is continued to June 14, 2017, at 9:00 AM. In the event the case does not settle at the ENE Conference a Case Management Conference will be held at the conclusion of the ENE Conference. Signed by Magistrate Judge Jill L. Burkhardt on 4/7/17. (All non-registered users served via U.S. Mail Service)(dlg)

1
2
3
4

UNITED STATES DISTRICT COURT

5

SOUTHERN DISTRICT OF CALIFORNIA

6
7

Saint Onge Orchids, LLC,
Plaintiff,

8
9
10

Case No.: 17-cv-00638-GPC-JLB
ORDER GRANTING JOINT
MOTION TO CONTINUE EARLY
NEUTRAL EVALUATION AND
CASE MANAGEMENT
CONFERENCE AND RELATED
DATES

v.
County of San Diego, et al.,
Defendants.

11
12

[ECF No. 6]

13
14

Before the Court is the parties’ Joint Motion to Continue Early Neutral Evaluation

15

and Case Management Conference and Related Dates. (ECF No. 6.) The parties seek to

16

continue the April 26, 2017 Early Neutral Evaluation (“ENE”) and Case Management

17

Conferences and all related dates by 60 days. (Id. at 2.) For good cause shown, the Joint

18

Motion is GRANTED in part. Accordingly, IT IS HEREBY ORDERED:

19

1.

The ENE Conference set for April 26, 2017, at 1:45 PM in the Chambers of

20

Magistrate Judge Jill L. Burkhardt, Edward J. Schwartz U.S. Courthouse, 221 West

21

Broadway, Suite 5140, San Diego, California 92101, is CONTINUED to June 14, 2017,

22

at 9:00 AM. In the event the case does not settle at the ENE Conference, a Case

23

Management Conference pursuant to Fed. R. Civ. P. 16(b) will be held at the conclusion

24

of the ENE Conference.

25

2.

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

26

defendants, and other representatives of a party having full settlement authority as

27

explained below, and the principal attorneys responsible for the litigation, must be present

28

in person and legally and factually prepared to discuss settlement of the case. Counsel
1
17-cv-00638-GPC-JLB

1

appearing without their clients (whether or not counsel has been given settlement authority)

2

will be cause for immediate imposition of sanctions and may also result in the immediate

3

termination of the ENE Conference. If each of the principal attorneys responsible for the

4

litigation is not listed on the docket as an “ATTORNEY TO BE NOTICED,” then they each

5

shall enter their appearance on the docket as soon as practicable, but in no event later than

6

ten calendar days prior to the ENE Conference.

7

Unless there are extraordinary circumstances, persons required to attend the ENE

8

Conference pursuant to this Order shall not be excused from personal attendance.

9

Requests for excuse from attendance for extraordinary circumstances shall be filed

10

as a motion at least ten calendar days prior to the conference. Failure to appear at the

11

ENE Conference will be grounds for sanctions.

12

3.

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

13

case, a party or party representative with full settlement authority1 must be present for the

14

ENE Conference. In the case of an entity, an authorized representative of the entity who

15

is not retained outside counsel must be present and must have discretionary authority to

16

commit the company to pay an amount up to the amount of the Plaintiff’s prayer (excluding

17

punitive damages prayers). The purpose of this requirement is to have representatives

18

present who can settle the case during the course of the ENE Conference without consulting

19

a superior.

20
21

4.

ENE Statements Required: On or before June 5, 2017, the parties shall

lodge statements of five pages or less directly to the chambers of Magistrate Judge

22
23
24
25
26
27
28

“Full settlement authority” means that the individuals at the settlement conference must be
authorized to explore settlement options fully and to agree at that time to any settlement terms acceptable
to the parties. Heileman Brewing Co. 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, 485-86 (D. Ariz. 2003). The purpose of requiring a person
with unlimited settlement authority to attend the conference contemplates that the person’s view of the
case may be altered during the face to face conference. Id. at 486. A limited or a sum certain of authority
is not adequate. See Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 595-97 (8th Cir. 2001).
1

2
17-cv-00638-GPC-JLB

1

Burkhardt outlining the nature of the case, the claims, the defenses, and the parties’

2

positions regarding settlement of the case. The settlement position must include a specific

3

and current demand or offer addressing all relief or remedies sought. If a specific demand

4

or offer cannot be made at the time the brief is submitted, then the reasons therefor must

5

be stated along with a statement as to when the party will be in a position to state a demand

6

or offer. A general statement that a party will “negotiate in good faith,” “offer a nominal

7

cash sum,” or “be prepared to make an offer at the conference” is not a specific demand or

8

offer. The statement shall also list all attorney and non-attorney conference attendees for

9

that side, including the name(s) and title(s)/position(s) of the party/party representative(s)

10

who will attend and have settlement authority at the conference.

11

ENE statements shall be lodged via email at [e-mail]. If

12

exhibits are attached and the total submission amounts to more than 20 pages, a hard copy

13

must also be delivered directly to chambers. Whether these statements are submitted

14

confidentially or whether they are served on opposing counsel is within the parties’

15

discretion. Statements of more than five pages will not be considered.

16

5.

Case Management Under the Amended Federal Rules: The parties are

17

ordered to comply with Fed. R. Civ. P. 26 and proceed with the initial disclosure process

18

as follows:

19

a. The Rule 26(f) conference shall be completed on or before May 31, 2017;

20

b. The date of initial disclosure pursuant to Rule 26(a)(1)(A)-D) shall occur on

21

or before June 5, 2017;

22

c. A Joint Discovery Plan shall be filed on the CM/ECF system as well as

23

lodged with Magistrate Judge Burkhardt by emailing the Plan to

24

[e-mail], on or before June 5, 2017. The Plan

25

must be one document and must explicitly cover the parties’ views and

26

proposals for each item identified in Fed. R. Civ. P. 26(f)(3). The parties

27

should consult both Judge Burkhardt’s and the assigned District Judge’s Civil

28

Chambers Rules in drafting their Plan. A courtesy paper copy of the Plan
3
17-cv-00638-GPC-JLB

1

shall be delivered to Judge Burkhardt’s Chambers if the Plan with its

2

attachments exceeds 20 pages. In addition to complying with Chambers

3

Rules, the Plan must identify whether and what good cause (specific to this

4

case) exists to modify the Court’s tentative schedule for this case. The Court’s

5

tentative schedule is as follows:

6

i. Filing of motions to amend pleadings and/or add parties: July 14, 2017;

7

ii. Completion of fact and expert witness discovery: December 8, 2017;

8

iii. The designation and service of expert witness reports: October 13,

9

2017;

10

iv. The supplemental designation and service of rebuttal expert witness

11

reports: November 10, 2017;

12

v. The date by which dispositive motions, inclusive of any motions

13

addressing any Daubert issues, shall be filed: January 12, 2018.

14

Motions in limine are to be filed as directed in the Local Rules, or as

15

otherwise set by the District Judge;

16

vi. The date for the Mandatory Settlement Conference: December 14,

17

2017; and

18

vii. The date for a Pretrial Conference before the District Judge assigned to

19

the case: May 11, 2018.

20

6.

Requests to Continue or Reschedule an ENE Conference: Local Rule

21

16.1.c requires that an ENE Conference take place within 45 days of the filing of the first

22

answer. Requests to continue ENE Conferences are rarely granted. However, the Court

23

will consider formal, filed ex parte or joint motions to continue an ENE Conference when

24

extraordinary circumstances exist that make a continuance appropriate. In and of itself,

25

having to travel a long distance to appear in person is not “extraordinary.” Absent

26

extraordinary circumstances, requests for continuances will not be considered unless filed

27

no less than ten calendar days prior to the scheduled conference.

28

///
4
17-cv-00638-GPC-JLB

1

7.

Settlement Prior to ENE Conference: The Court encourages the parties to

2

work on settling the matter in advance of the ENE Conference. In the event that the parties

3

resolve the matter prior to the day of the ENE Conference, the following procedures must

4

be followed before the Court will vacate the ENE Conference and excuse the parties from

5

appearing:

6

a. The parties may file a Joint Motion to Dismiss and separately lodge by email

7

a proposed order to the assigned District Judge.2 If a Joint Motion to Dismiss

8

is filed, the Court will vacate the ENE Conference.

9

encouraged to contact Judge Burkhardt’s Chambers by telephone to notify the

10

The parties are

Court of their pending Joint Motion;

11

b. If the parties settle more than 24 hours before the ENE Conference but are not

12

able to file a Joint Motion to Dismiss, they must file a Notice of Settlement

13

containing the electronic signatures of counsel for all settling parties and

14

identifying a date by which the Joint Motion to Dismiss will be filed. The

15

parties are encouraged to contact Judge Burkhardt’s Chambers by telephone

16

to notify the Court of their filed Notice of Settlement;

17

c. If the parties settle less than 24 hours before the conference, counsel for the

18

settling parties must JOINTLY call chambers and inform the Court of the

19

settlement and receive Court permission to not appear at the ENE Conference.

20

Dated: April 7, 2017

21
22
23
24
25
26
27
28

2

See Electronic Case Filing Administrative Policies and Procedures Manual, United States District
Court for the Southern District of California § 2(h), for the chambers’ official email address and
procedures on emailing proposed orders.
5
17-cv-00638-GPC-JLB