Washington v. Potter
Filing
28
ORDER: A Settlement Conference is scheduled for 8/31/2011 at 1:00 PM in Chambers Room 262, 450 Main St., Hartford, CT. See attached order for important instructions and deadlines. Signed by Judge Donna F. Martinez on 7/11/11. (Nichols, J.)
CALENDAR AND SETTLEMENT CONFERENCE ORDER
This case is scheduled for a settlement conference with the
undersigned on August 31, 2011 at 1:00 p.m. at her chambers at 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.
ORDERED to be present at the conference.
The parties are hereby
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.
Mo 2000).
See Nick v. Morgan's Foods, 99 F. Supp. 2d 1056, 1062-63 (E.D.
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 the 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
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
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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 11th day of July, 2011 at Hartford, Connecticut.
_____/s/______________________
Donna F. Martinez
United States Magistrate Judge
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