ExxonMobil Pipeline Company v. Burns et al
Filing
34
SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 9/9/2016 at 09:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Signed by Magistrate Judge Erin Wilder-Doomes on 7/21/2016. (LLH)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
EXXONMOBIL PIPELINE COMPANY
CIVIL ACTION
VERSUS
NO. 15-824-JWD-EWD
JEANNE BURNS, ET AL.
SETTLEMENT CONFERENCE ORDER
IT IS ORDERED that a settlement conference is hereby set for September 9, 2016 at
9:00 a.m. in chambers, which is located at 777 Florida St., Room 265, Baton Rouge, Louisiana.
The settlement conference will begin with a statement by Judge Wilder-Doomes. Each
party should also be prepared to make a brief statement setting forth the most important legal and
factual issues in the case that will affect settlement negotiations.1 Thereafter, the parties will be
separated, and Judge Wilder-Doomes will facilitate the negotiations between the parties.
The following is provided to ensure that the necessary parties are present for the
conference, to assist the Court in an objective appraisal and evaluation of the lawsuit, and to
facilitate settlement of this matter in the most efficient manner.
A.
PERSONS ATTENDING THE CONFERENCE
In addition to counsel who will try the case, a person with full settlement authority must be
present for each party at the conference. This requirement contemplates the presence of your client
or, if a corporate entity, an authorized representative of your client, who has full and final
settlement authority. The purpose of this requirement is to have representatives present who can
1Depending
on the circumstances of the particular case, the Court may elect to hear opening
statements in the separate caucuses.
settle the case during the course of the conference without consulting a superior. Upon proper
application to the Court and under extenuating circumstances,2 a governmental entity, insurance
company or corporate entity may be granted permission to proceed with a representative with
limited authority, provided he/she has direct communication with a representative with full
authority throughout the conference, even if the settlement conference lasts through lunch or after
working hours. In addition to setting forth the extenuating circumstances warranting participation
of a representative with only limited authority in person at the conference, the application shall
state that the applicant has notified all other counsel of record and state whether they have any
objection. Such application must be made 14 days before the scheduled date of the settlement
conference. Any other persons deemed necessary to negotiate a settlement may also attend.
Counsel of record will be responsible for timely advising any involved non-party (i.e., insurance
company), of the requirements of this order.
B.
CONFIDENTIAL STATEMENTS
The parties shall submit confidential settlement position papers by noon on September 2,
2016 to the judge’s chambers either via facsimile transmission to (225) 389-3585 or hand delivery.
The statement shall not exceed five pages and shall contain the following:
(a)
Persons Attending: The name and title, if applicable, of the client or authorized
representative who will be attending the conference with trial counsel.
(b)
Statement of your Case: The position paper should set forth a brief statement of
your claim or defense. It should also contain a statement of the liability issues
present, including a description of the strongest and weakest points of your case,
both legal and factual.
2
The purchase of an airplane ticket is not an extenuating circumstance.
(c)
Quantum: A brief statement of your position on quantum, including any injuries
sustained. When applicable, describe any surgeries, current medical status, and any
other relevant legal or factual issues.
A concluding section should contain suggestions for a satisfactory resolution of the claim.
Please do not be bound by monetary solutions, but rather consider all possible alternatives to
reaching a satisfactory resolution.
Also, please keep in mind that these submissions are
confidential, will not be exchanged, are not binding, and that posturing is inappropriate and only
serves to handicap the process. The Magistrate Judge serves as a neutral facilitator in this process;
thus it serves no purpose for either party to attempt to convince the Magistrate Judge of his
position.
C.
ATTACHMENTS
Copies of the following documents may be attached to the confidential settlement position
paper if they exist and counsel deems them relevant:
(a)
(b)
Economic loss reports;
(c)
Non-medical expert reports; or
(d)
D.
Major relevant medical reports concerning plaintiff's medical condition (if
applicable);
Any other documents which counsel believe may be of benefit to the Court in
evaluating the case.
EXCHANGE OF SETTLEMENT OFFERS
Settlement conferences are often unproductive unless the parties have exchanged demands
and offers before the conference and made a serious effort to settle the case on their own. Before
arriving at the settlement conference the parties are to negotiate and make a good faith effort
to settle the case without the involvement of the Court. A specific settlement offer, in writing,
must be submitted by the plaintiff to the defendant at least 21 days prior to the settlement
conference, with a brief explanation of why settlement is appropriate. If unacceptable to the
defendant, a specific counteroffer, in writing, must be submitted by the defendant to the
plaintiff at least 14 days prior to the settlement conference, with a brief explanation of why
settlement is appropriate. If settlement is not achieved, plaintiff’s counsel shall deliver or fax
copies of all letters to Judge Wilder-Doomes no later than 3 days before the conference.
E.
CONFIDENTIALITY
The contents of the statements and all communications made in connection with the
settlement conference are confidential and will not be disclosed to anyone without the express
permission of the communicating party or order of a court of competent jurisdiction. The
statements and any other documents submitted for the settlement conference will be maintained in
chambers and will be destroyed after the conference.
Signed in Baton Rouge, Louisiana, on July 21, 2016.
S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE
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