Lango v. Bridgeport & Port Jefferson Steamboat Co.
Filing
22
ORDER & CALENDAR: A Settlement Conference is scheduled for 10/29/2013 at 1:00 PM in Chambers Room 262, 450 Main St., Hartford, CT before Judge Donna F. Martinez. Please 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 29, 2013 at 1:00 p.m. in chambers, United
States
District
Connecticut.
Court,
450
Main
Street,
Room
262,
Hartford,
Those in attendance at the conference should be
prepared to spend the remainder of the day.
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).
advise
their
respective
clients
and
Counsel are ordered to
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 by mail
or fax (860-240-3614).
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
23rd
day
of
August,
2013
at
Hartford,
Connecticut.
_____/s/______________________
Donna F. Martinez
United States Magistrate Judge
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