Martin v. Upper Captiva Fire Protection & Rescue Service District

Filing 66

AMENDED SETTLEMENT CONFERENCE ORDER: See Amended Order for dates and details. Signed by Magistrate Judge Kyle C. Dudek on 11/25/2024. (CGW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JASON MARTIN,
Plaintiff,
v.

Case No.: 2:23-cv-388-NPM

UPPER CAPTIVA FIRE
PROTECTION & RESCUE
SERVICE DISTRICT,
Defendant.
/
AMENDED ORDER
This case has been referred for a settlement conference. All parties and
their lead counsel are hereby ORDERED to appear in person on December
20, 2024, at 9:00 a.m., at the United States Courthouse and Federal Building,
2110 First Street, Fourth Floor, Courtroom 4-E, Fort Myers, Florida 33901.
The parties and their counsel will comply with the following
requirements:
1.

Time Commitment: The Court has reserved the entire day for

the settlement conference. The parties and their counsel shall be available for
the entire day.
2.

Settlement Authority: All parties will appear for the settlement

conference with full and complete settlement authority. Any uninsured entity

will appear by a designated representative with full and complete settlement
authority. Any insured party will appear along with a representative of the
insurer with full and complete settlement authority.
3.

Telephonic

Appearance:

Telephonic

appearance

at

the

settlement conference is not permitted without leave of court, is disfavored if
opposed by any party, and granted only in exceptional circumstances upon a
showing of good cause.
4.

Written Submissions: Each party will provide the undersigned

with a confidential settlement statement no later than seven (7) days before
the conference. The statement will not be filed with the Clerk of Court, but
will instead be (1) emailed (in .pdf file format) to the chambers email account:
[e-mail] or (2) mailed to Judge Kyle Dudek’s
Chambers at 2110 First St., Fort Myers, Florida 33901.
The confidential settlement statement will:
a. identify all persons, including counsel, who will attend the
settlement conference with or on behalf of the party and specify
which individual(s) hold final settlement authority;
b. describe the remaining claims and defenses in the case and
candidly assess their relative strengths and weaknesses both
legally and factually;

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c. provide a reasonably detailed explanation of the submitting
party’s present position on remedies sought or resisted by the
party (including damages, attorney’s fees, costs and prejudgment interest if recoverable);
d. outline the settlement negotiations to date, including any offers
and counteroffers made as to both monetary and non-monetary
terms; and
e. explain the party’s settlement valuation, accounting for the
reasonable probabilities for success at trial, the collectability of
any awards, and the litigation expenses that may be avoided.
5.

Opening Presentations: At the outset of the settlement

conference, the Court may call upon the parties or counsel to give a brief
opening presentation outlining the factual and legal highlights of their
respective cases before the parties separate into private caucuses.
6.

Confidentiality: Notwithstanding Rule 408(b) of the Federal

Rules of Evidence, all statements during the settlement conference, written or
oral, are confidential and shall not be admissible in evidence for any reason in
the trial of the case, should the case not settle.
7.

Electronic Devices: The attorneys and other individuals

participating in the settlement conference may bring telephones, laptops, or
tablets into the courthouse for use during the settlement conference, subject to

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screening by the United States Marshals Service or its Court Security Officers.
The parties are directed to present a copy of this Order when proceeding
through the security checkpoint in the courthouse lobby.
Sanctions: Failure to comply with any requirements in this Order may
result in the imposition of sanctions against the offending party(ies) and/or
counsel.
ORDERED in Fort Myers, Florida on November 25, 2024.

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