Kull v. Home Depot U.S.A, Inc. et al

Filing 43

ORDER SETTING FURTHER MANDATORY SETTLEMENT CONFERENCE. Mandatory Settlement Conference set for 8/14/2019 01:45 PM before Magistrate Judge Jill L. Burkhardt. Counsel or any party representing himself or herself shall submit confidential settlement briefs directly to chambers by August 5, 2019. Signed by Magistrate Judge Jill L. Burkhardt on 7/26/2019.(sjm)

1
2
3
4
5
6
7
8
9
10

UNITED STATES DISTRICT COURT

11

SOUTHERN DISTRICT OF CALIFORNIA

12
13

Case No.: 18-cv-00933-JM (JLB)

MICHAEL KULL,
Plaintiff,

14
15

v.

16

ORDER SETTING FURTHER
MANDATORY SETTLEMENT
CONFERENCE

HOME DEPOT U.S.A., INC.,
Defendant.

17
18
19
20

The Court hereby SETS a further Mandatory Settlement Conference (“MSC”) in

21

this case. The MSC shall be conducted on August 14, 2019 at 1:45 p.m. in the chambers

22

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

23

Broadway, Suite 5140, San Diego, California 92101. Counsel or any party representing

24

himself or herself shall submit confidential settlement briefs directly to chambers by

25

August 5, 2019. All parties are ordered to read and to fully comply with Judge Burkhardt’s

26

Civil Chamber Rules.

27

///

28

///
1
18-cv-00933-JM (JLB)

1

The confidential settlement statements should be lodged by e-mail to

2

[e-mail]. Each party’s settlement statement shall concisely set

3

forth the following: (1) the party’s statement of the case; (2) the controlling legal issues;

4

(3) issues of liability and damages; (4) the party’s settlement position, including the last

5

offer or demand made by that party; (5) a separate statement of the offer or demand the

6

party is prepared to make at the settlement conference; and (6) a list of all attorney and

7

non-attorney conference attendees for that side, including the name(s) and

8

title(s)/position(s) of the party/party representative(s) who will attend and have settlement

9

authority at the conference. If exhibits are attached and the total submission amounts to

10

more than 20 pages, a hard copy must also be delivered directly to Magistrate Judge

11

Burkhardt’s chambers. Settlement conference statements shall not be filed with the

12

Clerk of the Court.

13

confidentially with opposing counsel within the parties’ discretion.

Settlement conference statements may be exchanged

14

Pursuant to Civil Local Rule 16.3, all party representatives and claims adjusters for

15

insured defendants with full and unlimited authority1 to negotiate and enter into a binding

16

settlement, as well as the principal attorney(s) responsible for the litigation, must be present

17

and legally and factually prepared to discuss and resolve the case at the mandatory

18

settlement conference. In the case of an entity, an authorized representative of the entity

19

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

20

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

21

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

22
23
24
25
26
27
28

1

“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 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. Id. at 486. A limited or a sum certain of authority is not
adequate. Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 595-97 (8th Cir. 2001).

2
18-cv-00933-JM (JLB)

1

present who can settle the case during the course of the conference without consulting a

2

superior.

3
4
5
6

Failure to attend the conference or obtain proper excuse will be considered grounds
for sanctions.
IT IS SO ORDERED.
Dated: July 26, 2019

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
18-cv-00933-JM (JLB)