Barrera et al v. Boughton et al
ORDER & CALENDAR: A Settlement Conference is scheduled for 11/23/2010 at 11:00 AM in Chambers Room 262, 450 Main St., Hartford, CT with Judge Donna F. Martinez. See attached order for important instructions. (Constantine, A.)
Barrera et al v. Boughton et al
CALENDAR AND SETTLEMENT CONFERENCE ORDER This case is scheduled for a settlement conference with Magistrate Judge Martinez on November 23, 2010 at 11:00 a.m., United States District Court, 450 Main Street, Room 262, Hartford, Connecticut. Those in attendance at the conference should be
prepared to spend the remainder of the day at the settlement conference. I. PARTIES WITH FULL AUTHORITY MUST ATTEND. hereby ORDERED to be present at the conference. The parties are 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 court. 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 offer. 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. The requirement that
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). to advise their respective clients and Counsel are ordered insurance company
representatives of the Nick decision. II. EXCHANGE OF OFFERS AND DEMANDS. Settlement conferences
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 plaintiffs' counsel shall serve a settlement demand upon counsel for the defendant. The demand shall be accompanied
by the plaintiffs' analysis of damages. If the defendant disagrees with the plaintiffs' calculation of damages, the defendant's
counsel shall respond to the plaintiffs' analysis not later than 4 working days before the conference. The defendant is encouraged to make a settlement offer prior to the settlement conference. III. CONFERENCE MEMORANDA. shall submit to chambers of By November 16, 2010, counsel the undersigned an ex parte,
confidential conference memorandum. The memorandum shall be double spaced in no less than 12 point font. 2 The plaintiffs' submission -
as to all defendants and claims - shall not exceed 30 pages.
submissions of the Danbury defendants and the Federal defendants may not exceed 15 pages. The submissions shall 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, including an analysis of which claims are most likely to succeed, which are the least likely to succeed and which are the most vulnerable to disposition on summary judgment. status of the case, The submission shall also address (F) the including the discovery remaining and
substantive motions filed or contemplated; and (G) settlement negotiations to date. The plaintiffs' counsel shall attach a copy By no
of the complaint to the plaintiffs' ex parte memorandum.
later than November 16, 2010, counsel for the parties shall provide chambers and all other counsel a list of names and identifying information of all those who will attend the mediation. If claims
are covered by insurance, the insured party shall submit to the court a short summary of the terms of coverage, including whether there are any claims which are not covered by the policy. IV. REQUESTS PERTAINING TO THE CONFERENCE. Any requests
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. Any counsel
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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?