Bush v. InboundProspect, Inc.

Filing 5

NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation and Case Management Conference set for 1/24/2018 02:00 PM before Magistrate Judge William V. Gallo. Telephonic Status Conference set for 1/17/2018 08:15 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 12/13/2017.(jpp)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JONATHAN SHAWN BUSH, et al.,

Case No.: 17-CV-2074-JAH-WVG

Plaintiff,

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v.

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NOTICE AND ORDER FOR EARLY
NEUTRAL EVALUATION
CONFERENCE AND CASE
MANAGEMENT CONFERENCE

INBOUNDPROSPECT, INC., d/b/a
Senior Mobility Care,

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Defendants.

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IT IS HEREBY ORDERED that an Early Neutral Evaluation (“ENE”) of your case
and Case Management Conference (“CMC”) will be held on January 24, 2018, at 2:00
P.M., before United States Magistrate Judge William V. Gallo, United States Courthouse,
Courtroom 2A, Second Floor, 221 West Broadway, San Diego, California.
Additionally, on January 17, 2018, beginning at 8:15 A.M., the Court will hold an

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attorneys-only telephonic status conference with each party separately. 1 The purpose of
this confidential, off-the-record teleconference is for the Court’s benefit in assessing each

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The Court will contact the first party and proceed to contact the remaining parties one at
a time. Each call may be short or lengthy. Counsel are required to be available for the
Court’s call beginning at the appointed time and remain available until they are called.
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party’s concerns, challenges, and whether the Court can assist in alleviating these. On or

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before January 12, 2018, each attorney intending to participate shall lodge, via electronic

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mail addressed to [e-mail], (1) the name of each attorney who will

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participate and (2) a telephone number at which each attorney may be reached directly

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without fail at the time of the conference.

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I.

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EARLY NEUTRAL EVALUATION CONFERENCE
The following are mandatory guidelines for the parties preparing for the ENE

Conference.

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1.

Purpose of Conference

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The purpose of the ENE is to permit an informal discussion between the attorneys,

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parties and the settlement judge of every aspect of the lawsuit in an effort to achieve an

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early resolution of the case. All conference discussions will be informal, off the record,

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privileged and confidential. Counsel for non-English speaking parties is responsible for

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arranging for the appearance of an interpreter at the conference.

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2.

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All parties, adjusters for insured defendants, and other representatives of a party

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having full and complete authority to enter into a binding settlement, and the principal

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attorneys responsible for the litigation, must be present in person and legally and factually

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prepared to discuss settlement of the case. See S.D. Cal. Civ. L. R. 16.1(c).

Personal Appearance of Parties Required

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3.

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In addition to counsel who will try the case, a party or party representative with full

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settlement authority2 must be present for the conference. In the case of a corporate entity,

Full Settlement Authority Required

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“Full authority to settle” means that the individuals at the settlement conference must be
authorized to fully explore settlement options and to agree at that time to any settlement
terms acceptable to the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d
648 (7th Cir. 1989). The person needs to have “unfettered discretion and authority” to
change the settlement position of a party. Pitman v. Brinker Intl., Inc., 216 F.R.D. 481,
485-86 (D. Ariz. 2003). The purpose of requiring a person with unlimited settlement
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an authorized representative of the corporation who is not retained outside counsel must be

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present and must have discretionary authority to commit the company to pay an amount up

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to the amount of the plaintiff’s prayer (excluding punitive damage prayers). The purpose

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of this requirement is to have representatives present who can settle the case during the

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course of the conference without consulting a superior.

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Counsel for a government entity may be excused from this requirement so long as

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the government attorney who attends the ENE conference (1) has primary responsibility

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for handling the case; and (2) may negotiate settlement offers which the attorney is willing

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to recommend to the government official who has ultimate settlement authority.

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Unless there are extraordinary circumstances, persons required to attend the

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

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for excuse from attendance for extraordinary circumstances shall be made in writing at

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least one week before the conference. Failure to appear at the ENE conference will be

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grounds for sanctions.

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4.

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No later than 15 days before the scheduled ENE Conference, Plaintiff(s) shall submit

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to Defendant(s) a written settlement proposal. No later than 10 days before the scheduled

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ENE Conference, Defendant(s) shall submit a response to Plaintiff(s)’ settlement proposal.

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All parties shall be prepared to address in their ENE Statements, and discuss at the ENE

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conference, the settlement proposal and response.

Settlement Proposal and Response Required

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5.

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In accordance with the Court’s Chambers Rules, each party shall exchange its

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settlement Statement with all opposing parties. Additionally, in accordance with the

ENE Statements Required

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authority to attend the conference includes 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. The person with full settlement authority must be able to negotiate a
settlement without being restricted by any predetermined level of authority. Nick v.
Morgan’s Foods, Inc., 270 F.3d 590 (8th Cir. 2001).
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Court’s Chambers Rules, each party shall submit a confidential or non-confidential

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Statement to the Court. Both the exchange of Statements between the parties and

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submissions of Statements to the Court shall occur on or before January 12, 2018. The

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Statement each party submits directly to the chambers shall be five pages or less and shall

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outline the nature of the case, the claims, the defenses, and the parties’ positions regarding

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settlement of, and attempts to settle the case. All Statements must comply with the

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Court’s Chambers Rules.

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The parties shall meet and confer in good faith prior to the ENE Conference, and

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verify that they have done so in their respective ENE Conference statements, outlining the

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substance of their discussions and negotiations.

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6.

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The Court generally allots two hours for ENEs. Counsel should be prepared to be

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succinct and to the point. Requests for additional time must be made in writing in the

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party’s ENE statement, accompanied by a short explanation.

Time Allotted

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7.

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Plaintiff’s counsel shall give notice of the ENE Conference to all parties responding

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New Parties Must Be Notified by Plaintiff’s Counsel

to the Complaint after the date of this Notice.

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8.

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Civil Local Rule 16.1(c) requires that an ENE take place within 45 days of the filing

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of the first answer. Requests to continue ENE conferences are rarely granted. Counsel

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seeking to reschedule an ENE must first confer with opposing counsel. The Court will

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consider formal, written ex parte requests to continue an ENE conference when

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

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having to travel a long distance to appear at the ENE conference is not an extraordinary

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circumstance. Absent extraordinary circumstances, requests for continuances of the

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ENE conference may not be considered unless submitted in writing no less than seven

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calendar days prior to the scheduled conference.

Requests to Continue an ENE Conference

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Please refer to the undersigned’s Chambers Rules for additional guidance regarding
the areas which must be addressed in the request.

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The parties shall be prepared to engage in good faith settlement discussions with the

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Court and opposing parties during the ENE Conference. Failure to engage in good faith

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settlement discussions may result in the imposition of sanctions.

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II.

CASE MANAGEMENT CONFERENCE

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Given the delay in convening the ENE Conference, the parties shall also be prepared

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for a Case Management Conference on January 24, 2018 at 9:00 a.m. Accordingly, the

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Court issues the following orders:

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1. The Rule 26(f) conference shall be completed before December 29, 2017;

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

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January 10, 2018; and

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3. A joint discovery plan shall be lodged with Magistrate Judge Gallo on or before
January 12, 2018.3

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Questions regarding this case may be directed to the undersigned’s Research

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Attorney at [phone]. Please consult the undersigned’s Chambers Rules, which are

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available on the Court’s website, before contacting chambers with any questions.

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IT IS SO ORDERED.
Dated: December 13, 2017

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Counsel are invited to review the undersigned’s Chambers Rules for guidance on
completing the proposed discovery plan. Counsel are further advised to consult the
Chambers Rules of the District Judge assigned to this case for case timeline preferences, if
any.
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