Lockwood v. MBIA Insurance Corp
ORDER: A Settlement Conference with the undersigned is scheduled for 10/19/2011 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 9/9/11. (Nichols, J.)
CALENDAR AND SETTLEMENT CONFERENCE ORDER
A settlement conference with the undersigned is scheduled in
this case for October 19, 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.
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
representative with full authority to settle the case is present at
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
settlement amount up to the plaintiff's prayer or the plaintiff's
last demand, whichever is lower.
The purpose of this requirement is
independence to settle the case during the settlement conference
without consulting anyone not present. The requirement that parties
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
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.
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
negotiations to date; (I) a list of all those who will attend the
conference, including job titles if pertinent to the case.
plaintiff’s counsel shall attach a copy of the complaint to the
plaintiff’s ex parte memorandum.
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.
SO ORDERED this 9th day of September, 2011
Donna F. Martinez
United States Magistrate Judge
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