Alward v. Public Safety
Filing
33
ORDER: A Settlement Conference is scheduled for MONDAY 1/9/2012 at 2:00 PM in Chambers Room 262, 450 Main St., Hartford, CT before Judge Donna F. Martinez. Counsel shall submit an ex parte settlement conference memorandum to chambers by NOON on Friday 1/6/12. See attached order for important instructions. Signed by Judge Donna F. Martinez on 1/4/12. (Constantine, A.)
CALENDAR AND SETTLEMENT CONFERENCE ORDER
A settlement conference with the undersigned is scheduled in
this case for Monday, January 9, 2012, at 2:00 p.m. at her chambers
at 450 Main Street, Room 262, Hartford, Connecticut.
attendance
at
the
conference
should
be prepared to
Those in
spend
the
remainder of the day at the settlement conference.
The parties are
I. PARTIES WITH FULL AUTHORITY MUST ATTEND.
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 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). Counsel are ordered to advise
their respective clients and 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 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 with
the plaintiff’s calculation of damages, the defendant’s 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.
III. CONFERENCE MEMORANDA. By Friday, January 6, 2012 at NOON,
counsel shall submit to chambers of the undersigned an ex parte,
confidential conference memorandum.
The memorandum shall be double
spaced in no less than 12 point font and shall not exceed 10 pages.
It 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
2
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
attach
to
a
copy
of
the
complaint
the
plaintiff’s
ex
parte
memorandum.
Counsel shall provide a copy of this order to their clients.
SO
ORDERED
this
3rd
day
of
January,
2012
at
Hartford,
Connecticut.
_____/s/______________________
Donna F. Martinez
United States Magistrate Judge
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