Nationwide Mutual v. Mortensen, et al
ORDER : A settlement conference is scheduled with Judge Martinez for Friday, 1/11/13 at 1:00 p.m. in chambers, U.S. District Court, room 262, 450 Main Street, Hartford. See attached order. (Constantine, A.)
CALENDAR AND SETTLEMENT CONFERENCE ORDER
A settlement conference with the undersigned is scheduled in
this case for January 11, 2013 at 1:00 pm in chambers, United
I. PARTIES WITH FULL AUTHORITY MUST ATTEND.
The parties are
hereby ORDERED to be present at the conference.
If a party is a
legal entity, not an individual, a representative of the party who
is fully authorized to decide all matters pertaining to the case
shall be present at the conference.
The court will not hold a
settlement conference without all parties present. A party may not
participate by phone without express, advance approval by the
In cases where a party requires authority from an insurer
to settle the case, the party shall ensure that an insurance
company representative with full authority to settle the case is
present at the conference.
For a plaintiff, "full authority" means
final authority to dismiss the case with prejudice, and to accept
in settlement an amount or terms down to the defendant's last
For a defendant, "full authority" means final authority to
commit a defendant to pay, in the representative's own discretion,
a settlement amount up to the plaintiff's prayer or the plaintiff's
last demand, whichever is lower.
The purpose of this requirement
is to have in attendance a person with both the authority and
independence to settle the case during the settlement conference
without consulting anyone not present.
parties personally appear is intended to increase the efficiency
and effectiveness of the settlement conference. Failure of a party
with full authority to settle the case to attend the conference may
result in the imposition of sanctions.
See Nick v. Morgan's Foods,
99 F. Supp. 2d 1056, 1062-63 (E.D. Mo 2000).
Counsel are ordered
representatives of the Nick decision.
II. EXCHANGE OF OFFERS AND DEMANDS.
are often unproductive unless the parties have exchanged offers and
demands before the conference and made a serious effort to settle
the case on their own.
Therefore, not less than 14 days before the
conference, the plaintiff’s counsel shall serve a settlement demand
upon counsel for the defendant.
The demand shall be accompanied by
the plaintiff’s analysis of damages.
If the defendant disagrees
counsel shall respond to the plaintiff’s analysis not later than 7
working days before the conference.
The defendant is encouraged to
make a settlement offer prior to the settlement conference.
Not later than 5 working days
III. CONFERENCE MEMORANDA.
prior to the conference counsel shall submit to chambers of the
undersigned an ex parte, confidential conference memorandum by mail
or fax (860-240-3614).
The memorandum shall be double spaced in no
less than 12 point font and shall not exceed 10 pages.
include the following: (A) a list of the claims and defenses;
(B) the legal elements of the claims and defenses; (C) the evidence
in support of the claims and defenses; (D) a damages analysis;
(E) a discussion of the strengths and weaknesses of the case;
(F) the status of the case, including the discovery remaining and
substantive motions filed or contemplated; (G) a summary of any
insurance coverage, including whether the terms of the policy
exclude any parties or claims; (H) settlement negotiations to date;
(I) a list of all those who will attend the conference, including
job titles if pertinent to the case.
The plaintiff’s counsel shall
IV. REQUESTS PERTAINING TO THE CONFERENCE.
pertaining to the conference shall be made to the chambers of the
undersigned in writing, or by telephone confirmed in writing, no
later than 10 days from the date of this order.
requesting continuances, which will be considered only for good
cause shown, shall consult with all opposing counsel before making
the request and, in the event of a continuance, shall notify all
parties of the new date and time.
DUE DATES REMAIN IN PLACE. Counsel are reminded that the
scheduling of a settlement conference does not affect existing
deadlines and shall not delay discovery or other due dates.
Donna F. Martinez
United States Magistrate Judge
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