WELLS FARGO BANK, N.A. v. BBMJ, LLC et al

Filing 100

ORDER: Per 99 Order, settlement conference to be conducted by 9/14/2012. Parties to contact CRD with mutually available dates in August for the Court to schedule the settlement conference. Signed by MAGISTRATE JUDGE GARY R JONES on 7/24/2012. (jws)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
WELLS FARGO BANK NA,
Plaintiff,
v.

Case No. 1:11-cv-127-MP-GRJ

BBMJ LLC, et al.,
Defendants.
_______________________________/
ORDER
This case has been referred to the undersigned to conduct a settlement
conference to be conducted on or before September 14, 2012. (Doc. 99.)
As general guidance to the parties the parties should be aware that the
settlement conference will be conducted in such a manner as not to prejudice any party
in the event settlement is not reached. To that end, all matters communicated to the
undersigned in confidence will be kept confidential, pursuant to Fed. R. Evid. 408,1 and
will not be disclosed to any other party, or to the district judge.
At least two (2) days prior to the settlement conference, each party shall provide
the undersigned, in confidence, a concise statement of the evidence supporting the
position of the party, the relevant positions of the parties concerning factual issues,
issues of law, damages, and the settlement negotiation history of the case, including a
recitation of any specific demands and offers that have been conveyed. The settlement

1
Rule 408 provides, in pertinent part, that evidence “of (1) furnishing or offering or prom ising to
furnish, or (2) accepting or offering or prom ising to accept, a valuable consideration or attem pting to
com prom ise a claim which was disputed as to either validity or am ount, is not adm issible to prove liability
for or invalidity of the claim or its am ount. Evidence of conduct or statem ents m ade in com prom ise
negotiations is likewise not adm issible.”

conference statement shall not exceed seven (7) pages in length and will not be made
a part of the case file. The parties may provide the statement to the undersigned by
emailing the statement to my courtroom deputy, Adelita Tinaya-Miller.
At the settlement conference, the parties, by counsel, shall give a brief (five -ten
minute) presentation, outlining the factual and legal highlights of their case.
Subsequently, separate confidential caucuses will be held with each party and the
party’s representative(s). The Court expects both the lawyers and the party
representatives to be fully prepared to participate. The Court encourages all parties to
keep an open mind in order to reassess their previous positions and to discover
creative means for resolving the dispute.
All parties including any unrepresented parties are required to personally attend
the settlement conference. A corporate party shall appear by a representative
authorized to negotiate, and who has authority to settle the matter up to the amount of
the opposing parties’ existing settlement demand or offer.
The parties should contact my courtroom deputy, Adelita Tinaya-Miller at (352)
380-2402 and provide mutually available dates in August for the Court to schedule the
settlement conference.
DONE AND ORDERED this 24th day of July, 2012

s/ Gary R. Jones
GARY R. JONES
United States Magistrate Judge

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