Creative Co-op, Inc. v. The Elizabeth Lucas Company et al

Filing 64

ORDER OF REFERRAL AND MEDIATION CONFERENCE QUESTIONNAIRE FOR ADR SETTLEMENT WEEK IN THE DISTRICT OF IDAHO. IT IS HEREBY ORDERED THAT this matter shall be referred to JAMS Mediator Randall Newsome for the Courts ADR Resolution Roundup Settlement Week Program. The Mediation shall be held on Tuesday, April 3, 2012 at 9:00 a.m. at the James A. McClure Federal Building and U.S. Courthouse in Boise, Idaho, Courtroom #4, 5th Floor. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by krb)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
CREATIVE CO-OP, INC.,
Case No. 1:11-CV-116-S-REB
Plaintiff,
v.
THE ELIZABETH LUCAS COMPANY,
LLC, ELIZABETH LUCAS, and SCOTT
LUCAS,

ORDER OF REFERRAL AND
MEDIATION CONFERENCE
QUESTIONNAIRE FOR ADR
SETTLEMENT WEEK IN THE
DISTRICT OF IDAHO

Defendants.

IT IS HEREBY ORDERED THAT this matter shall be referred to JAMS Mediator
Randall Newsome for the Court’s ADR Resolution Roundup Settlement Week Program.
The Mediation shall be held on Tuesday, April 3, 2012 at 9:00 a.m. at the James A.
McClure Federal Building and U.S. Courthouse in Boise, Idaho, Courtroom #4, 5th Floor.
IT IS HEREBY ORDERED THAT lead counsel for the case shall attend the
Mediation. Lead counsel is the attorney who is primarily responsible for representing the
party at the trial in the case. Lead counsel shall be authorized to participate in mediation
negotiations, and shall be excused from attendance only by Judge Newsome. Counsel
shall be knowledgeable about the facts of the case and shall be prepared to candidly
discuss the same with Judge Newsome.

Order of Referral and Mediation Conference Questionnaire
for ADR Settlement Week in the District of Idaho - 1

The principals to the litigation shall be in attendance, and the representatives of all
the involved insurance carriers, unless specifically excused by Judge Newsome.
The parties shall submit to Susie Headlee a completed Mediation Conference
Questionnaire by 5:00 p.m. on Wednesday, March 14, 2012. The questionnaire shall
be emailed directly to Susie Headlee, the Court’s ADR Director, at [e-mail]. The Mediation Conference Questionnaire shall not be
filed on CM/ECF.
All information provided to Judge Newsome for mediation purposes shall be held
in confidence, and the parties may request that the Mediation Conference Questionnaire
be shredded at the end of the mediation. No oral statement, written document, or other
material considered during the mediation may be used against any party to this litigation.
Questions regarding the Court’s ADR Resolution Roundup Program may be directed to
the ADR Director, Susie Headlee at [phone].
Finally, the mediation conference proceedings in this matter shall be governed by
the confidentiality provisions of Rules 408 and 502 of the Federal Rules of Evidence,
which shall apply to information, statements and evidence generated in the course of the
mediation. Moreover, all memoranda and other work product of the appointed mediator,

Order of Referral and Mediation Conference Questionnaire
for ADR Settlement Week in the District of Idaho - 2

and any communication made to the him relating to the subject matter of the case referred
to ADR, shall not be subject to disclosure in any subsequent civil or administrative
proceeding.
DATED: January 19, 2012

Honorable Ronald E. Bush
U. S. Magistrate Judge

Order of Referral and Mediation Conference Questionnaire
for ADR Settlement Week in the District of Idaho - 3

MEDIATION CONFERENCE QUESTIONNAIRE

SUBMITTED BY:
_________________________________________________________
A
t
t
o
r
n
e
y
f
o
r
______________________________________________________________

Trial date scheduled:
______

____________

Jury

____ N o n - J u r y

NOTE: Please use attachments where necessary. You may ignore a question if it is
not pertinent to this case, or you may include additional statements that might assist
in the settlement of this case.
1.

Statement of facts pertinent to settlement.

2.

Plaintiff's theories of recovery if not obvious.

3.
If liability not admitted, bona fide defenses and counterclaims tendered by
Defendant(s).
4.
Damages - Plaintiff should list the specials incurred and claimed. Do not use
the maximum possible figures but what is deemed reasonable and what will be
presented at trial. List special and general damages separately. Defendant should list
what is claimed to be a reasonable amount where items are contested.
5.

Summarize the bona fide disputes regarding damages.

6.

Weaknesses.

7.

Plaintiff's evaluation of fair settlement.

8.

Defendant's evaluation of fair settlement. $_________________________.

$_________________________.

9.
May the court disclose these figures to the opposing party at the
commencement of the conference? yes _____ no _____
Order of Referral and Mediation Conference Questionnaire
for ADR Settlement Week in the District of Idaho - 4

10.
If Plaintiff recovers a judgment, is the question of apportionment of and
liability among Defendant(s) a factor affecting negotiations? Discuss.
11.

Are there viable sources from whom the Defendant(s) may seek contribution?

12.

Do you feel the other party has negotiated in good faith? Discuss.

13.

Does either party have client problems which affect these negotiations?

14.

Do client and attorney disagree on the settlement value? Discuss.

15.

What factors not discussed above have hampered settlement negotiations?

16.
State your opinion as to the bona fide chance for settlement in this matter.
_______%
17.
Are there legal questions which effectively bar serious settlement negotiations?
Discuss.
18.
Do you want the settlement judge to give preliminary, non-binding predictions
as to such rulings to assist in settlement negotiations? yes _____ no _____
19.

Is arbitration of certain areas or the entire matter a viable option? Discuss.

20.
Do Defendants want separate or joint conferences with the judge from which
Plaintiff is excluded?
21.
Does Plaintiff want separate conferences with the judge from which
Defendants are excluded?
22.

Expenses of litigation:

To date $ _________ Plaintiff(s) $ ___________ Defendant(s) $
__________________

Estimate of expenses to conclusion $
__________________________________________

Order of Referral and Mediation Conference Questionnaire
for ADR Settlement Week in the District of Idaho - 5