Doe v. Beta Theta Pi Fraternity et al

Filing 119

Corrected settlement conference order attached. (Constantine, A.)

CALENDAR AND SETTLEMENT CONFERENCE ORDER
A settlement conference with the undersigned is scheduled in
this case for August 29, 2013 at 10:00 a.m. in chambers, United
States

District

Court,

450

Main

Street,

Room

262,

Hartford,

Connecticut.
I. PARTIES WITH FULL AUTHORITY MUST ATTEND.

The parties are

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).
to

advise

their

respective

clients

and

Counsel are ordered
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.
with

the

plaintiff’s

calculation

of

If the defendant disagrees
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.
Not later than 5 working days

III. CONFERENCE MEMORANDA.

prior to the conference counsel shall submit to chambers of the
undersigned an ex parte, confidential conference memorandum by mail
or fax [phone]).

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

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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 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.

Prior to submission of the ex

parte memorandum, counsel shall disclose to opposing counsel a list
of

all

those

who

will

be

attending

the

conference.

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

14th

day

of

June,

2013

at

Hartford,

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

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