Tobin v. Target Corp

Filing 69

NOTICE & ORDER: At the request of counsel, the settlement conference is rescheduled to 9/28/2011 at 11:00 AM in Chambers Room 262, 450 Main St., Hartford, CT before Judge Donna F. Martinez. See attached order for important instructions. (Constantine, A.)

CALENDAR AND SETTLEMENT CONFERENCE ORDER
A settlement conference with the undersigned is scheduled in
this case for September 28, 2011, at 11:00 a.m. at her chambers at
450

Main

Street,

attendance

at

Room

the

262,

Hartford,

conference

should

Connecticut.

be

prepared

to

Those
spend

in
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.
to

have

in

attendance

a

The purpose of this requirement is

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

effectiveness of the settlement conference.

the

efficiency

and

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.

Not later than five (5) working

days prior to the conference 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;

2

(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 attach a copy of the complaint to the
plaintiff’s ex parte memorandum.
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.
V.

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.
SO

ORDERED

this

23rd

day

of

August,

2011

at

Hartford,

Connecticut.

_____/s/______________________
Donna F. Martinez
United States Magistrate Judge

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