Macomber v. Aramark Corp
Filing
65
ORDER & NOTICE: A settlement conference is scheduled for 10/16/2012 at 1:00 PM 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 October 16, 2012 @ 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
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
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. Not later than 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; (D)
2
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
16th
day
of
July,
2012
at
Hartford,
Connecticut.
_____/s/______________________
Donna F. Martinez
United States Magistrate Judge
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