Castillo v. Johnson et al

Filing 103

ORDER FOR SETTLEMENT CONFERENCE. The Court hereby ORDERS this matter set for a settlement conference on or before August 15, 2022. The parties are directed to coordinate with the undersigneds courtroom deputy regarding dates, as well as the manner in which the Court should conduct the settlement conference that is, whether in person or by video within 14 days of this Order. Signed by Magistrate Judge Benjamin W. Cheesbro on 5/17/22. (loh)

Case 6:16-cv-00049-JRH-BWC Document 103 Filed 05/17/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
WILLIAM NAVARRO CASTILLO,
Plaintiff,

CIVIL ACTION NO.: 6:16-cv-49

v.
OFFICER BRANTLEY,
Defendant.
ORDER FOR SETTLEMENT CONFERENCE

The Court hereby ORDERS this matter set for a settlement conference on or before
August 15, 2022. The parties are directed to coordinate with the undersigned’s courtroom
deputy regarding dates, as well as the manner in which the Court should conduct the settlement
conference—that is, whether in person or by video—within 14 days of this Order. 1
The following directions are designed to increase the efficiency and effectiveness of the
settlement conference. Counsel shall provide a copy of this Order to their clients at least five
business days prior to the date of the settlement conference.
Appearance and the Conference. Counsel must ensure a client representative with full
settlement authority is available in person or by telephone or video teleconference at all times
from the beginning of the conference until the conference is concluded. The client representative
must be dialed into the conference, or immediately available, for the entire duration of the
conference. If a client representative plans to appear via video teleconference, he or she must
test their connection prior to the conference with the undersigned’s courtroom deputy.
The undersigned’s courtroom deputy, Kim Mixon, can be contacted via email or by mail sent to
the Clerk of Court for the Southern District of Georgia.

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Good-Faith Negotiations. Before attending the settlement conference, the parties are
required to negotiate and make a good-faith effort to resolve the case without Court involvement.
In particular, the parties must make specific proposals and counter proposals prior to the
settlement conference.
Settlement Statements. Each party shall provide to the undersigned, in confidence,
through the undersigned’s courtroom deputy clerk, a concise settlement statement. The
statement must be received no later than three business days before the settlement
conference. 2 The statement shall not be filed with the clerk, and copies of the settlement
statement shall not be provided to the other parties in the case. The statement shall not become a
part of the file of the case but shall be for the exclusive use of the Magistrate Judge in preparing
for and conducting the settlement. The parties are directed to be candid in their statements. The
statement should include:
(1) a summary of the evidence the party expects to produce at trial;
(2) analysis of the strengths and weaknesses of the party’s case;
(3) a settlement proposal; and
(4) an outline of the settlement negotiations to date.
The settlement statement should not be lengthy but should contain enough information to
be useful to the Court in analyzing the factual and legal issues in the case. The statement is not
to exceed five pages, single-spaced. If not already part of the Court’s record, copies of any
critical agreements, business records, photographs or other documents or exhibits should be
attached to the settlement statement.

The Court directs the parties to provide their settlement statements to the undersigned’s
courtroom deputy clerk by email or mail.

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Case 6:16-cv-00049-JRH-BWC Document 103 Filed 05/17/22 Page 3 of 3

Confidentiality. The purpose of the conference is to facilitate settlement of this case, if
that is appropriate. The conference will be conducted in such a manner as to not prejudice any
party in the event settlement is not reached. To that end, all matters communicated to the
undersigned the parties ask to be kept in confidence will be kept confidential and will not be
disclosed to any other party.
Preparation for the Conference. At the conference, the parties, through counsel, should
be prepared to give a brief presentation outlining the factual and legal highlights of the case.
Separate, confidential caucuses will be held with counsel for each party and the parties or a
party’s representative(s). All parties are directed to be prepared to present in detail, and with
reference to supporting documents if so ordered, a thorough analysis of the potential categories
and amounts of damages which might reasonably be awarded at trial.
Waiver of Rules. If any party believes this case presents an exceptional circumstance
which would justify a variance from these rules, that party must contact the Magistrate Judge’s
office no later than five business days before the settlement conference to request a waiver of the
rules. Waivers are granted only by the Magistrate Judge and only on a showing of exceptional
circumstances. No waiver will be valid unless entered into the record by the Court.
Non-Compliance. Failure of any party to comply with the conditions of this Order may
result in, among other things, the settlement conference being rescheduled, with the party
responsible to bear all associated costs. See Fed. R. Civ. P. 16(f).
SO ORDERED this 17th day of May, 2022.

____________________________________
BENJAMIN W. CHEESBRO
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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