Ramirez et al v. National Cart Co. Inc. et al

Filing 59

ORDER : Due to a change in the court's calendar, the settlement conference is RESCHEDULED to 8/30/2017 at 1:00 PM in Chambers Room 262, 450 Main St., Hartford, CT before Judge Donna F. Martinez. Please see the attached order for important instructions and deadlines. (Constantine, A.)

CALENDAR AND SETTLEMENT CONFERENCE ORDER
A

settlement

conference

with

the

undersigned

has

been

scheduled in this case for August 30, 2017 at 1:00 p.m. in her
chambers, U.S. District Court, Room 262, 450 Main Street, 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.

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. Requests to excuse
attendance are rarely granted.

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

Counsel are ordered to

and

insurance

company

Not later than 14 days

representatives of the Nick decision.

before the conference, counsel shall disclose to all other parties
a list of all those who will be attending the conference, including
their job titles.
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 and include a summary of any
outstanding liens. 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

9

days

before

the

conference. The defendant is encouraged to make a settlement offer
2

prior to the settlement conference.
III. CONFERENCE MEMORANDA. Not later than 7 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) 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) a summary of any
outstanding liens, including the lien amount, the lienholder, and
any expected compromises of the lien; (I) settlement negotiations
to

date;

(J)

a

discussion

of

the

parties’

incentives

and

impediments to settlement; and (K) 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.
Counsel may submit their ex parte memoranda to chambers by any
of the following methods: email to Law Clerk Amy Constantine at

3

[e-mail]; fax to [phone]; or mail to
Abraham Ribicoff Federal Building, United States Courthouse, 450
Main Street – Suite 262, Hartford, CT 06103.
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

5th

day

of

July,

2017

at

Hartford,

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

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