Reyes v. U.S. Dept. of Interior, Bureau of Indian Affairs, et al

Filing 11

NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 2/7/2018 01:30 PM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 1/09/2018.(All non-registered users served via U.S. Mail Service)(jpp)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 EMILIO REYES, Case No.: 17cv2120-JAH(RBB) Plaintiff, 12 13 v. 14 NOTICE AND ORDER SETTING EARLY NEUTRAL EVALUATION CONFERENCE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS, et al., 15 16 Defendants. 17 18 19 20 IT IS HEREBY ORDERED that an early neutral evaluation of your case will be 21 held before United States Magistrate Judge Ruben B. Brooks, United States Courthouse, 22 221 West Broadway, Courtroom 2C, San Diego, California, on February 7, 2018, at 23 1:30 p.m. 24 Pursuant to Rule 16.1(c) of the Local Rules of the United States District Court for 25 the Southern District of California, all parties (including those who are indemnified by 26 others), claims adjusters for insured Defendants and non-lawyer representatives with full 27 28 1 17cv2120-JAH(RBB) 1 and unlimited authority1 to enter into a binding settlement, as well as the principal 2 attorneys responsible for the litigation, must be present and legally and factually prepared 3 to discuss and resolve the case. Corporate counsel shall not appear on behalf of a 4 corporation as the party representative who has the authority to negotiate and enter into a 5 settlement. Failure to attend or obtain a proper excusal will be considered grounds for 6 sanctions. (Where the suit involves the United States or one of its agencies, only counsel 7 for the United States with full settlement authority need appear.) (If Plaintiff is 8 incarcerated in a penal institution or other facility, the Plaintiff's presence is not required 9 and Plaintiff may participate by telephone. In that case, defense counsel is to coordinate 10 the Plaintiff's appearance by telephone.) Plaintiff’s counsel shall give notice of the early neutral evaluation conference to all 11 12 defendants filing an answer after the date of this notice. 13 All conference discussions will be informal, off the record, privileged and 14 confidential. Absent good cause shown, if any party, counsel or representative fails to 15 promptly appear at the settlement conference, fails to comply with the terms of this 16 Order, including the failure to timely provide the settlement conference memoranda 17 WHEN REQUESTED, is substantially unprepared to meaningfully participate in the 18 settlement conference, or fails to participate in good faith in the settlement conference, 19 the settlement conference may be vacated and sanctions may be imposed pursuant to 20 Rules 16(f) and 37(b)(2)(B), (C), and (D), Federal Rules of Civil Procedure. 21 22 23 24 25 26 27 28 “Full authority to settle” means that the individuals at the settlement conference 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 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 includes that the person’s view of the case may be altered during the face-to-face conference. Pitman, 216 F.R.D. at 486. A limited or a sum certain of authority is not adequate. Nick v. Morgan’s Foods, Inc., 270 F.3d 590 (8th Cir. 2001). 1 2 17cv2120-JAH(RBB) 1 In the event the case does not settle at the early neutral evaluation conference, the 2 parties shall also be prepared to discuss the following matters at the conclusion of the 3 conference: 4 1. Any anticipated objections under Federal Rules of Civil Procedure 5 26(a)(1)(E) to the initial disclosure provisions of Federal Rule of Civil Procedure 6 26(a)(1)(A-D); 7 2. The scheduling of the Federal Rule of Civil Procedure 26 (f) conference 8 (except in patent cases where no later than twenty-one days before the early neutral 9 evaluation conference, the parties are to meet and confer pursuant to Rule 26(f)); 10 11 12 13 14 15 16 17 3. The date of initial disclosure and the date for lodging the discovery plan following the Rule 26(f) conference; and 4. The scheduling of a case management conference pursuant to Federal Rule of Civil Procedure 16(b). The Court will issue an order following the early neutral evaluation conference addressing these issues and setting dates as appropriate. Questions regarding this case may be directed to the magistrate judge’s research attorney at (619) 557-3404. 18 19 Dated: January 9, 2018 20 21 22 23 24 25 26 27 cc: All Parties of Record A Notice of Right to Consent to Trial Before a United States Magistrate Judge is attached for your information. 28 3 17cv2120-JAH(RBB) 1 NOTICE OF RIGHT TO CONSENT TO TRIAL BY UNITED STATES 2 MAGISTRATE JUDGE 3 In accordance with the provisions of 28 U.S.C. § 636(c), you are hereby notified 4 that a United States Magistrate Judge of this district may, upon the consent of all parties, 5 conduct any or all proceedings, including a jury or non-jury trial, and order the entry of a 6 final judgment. Consent forms are available in the Clerk’s office. Counsel for the 7 Plaintiff shall be responsible for obtaining the consent of all parties, should they desire to 8 consent. 9 You should be aware that your decision to consent or not to consent is entirely 10 voluntary and should be communicated solely to the Clerk of the Court. Only if all 11 parties consent will the district judge or magistrate judge to whom the case has been 12 assigned be informed of your decision. 13 Judgments of the United States Magistrate Judges are appealable to the United 14 States Court of Appeals in accordance with this statute and the Federal Rules of 15 Appellate Procedure unless the parties at the time of their consent to trial before a 16 magistrate judge agree upon review by the United States District Court. 17 18 19 20 21 22 23 24 25 26 27 28 4 17cv2120-JAH(RBB)

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