Snyder v. Phelps et al

Filing 119

LETTER ORDER scheduling a settlement conference. Signed by Judge James K. Bredar on 8/30/07. (c/m 8/31/07)(slf, Deputy Clerk)

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Snyder v. Phelps et al Doc. 119 UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND CHAMBERS OF JAMES K. BREDAR U.S. MAGISTRATE JUDGE 101 WEST LOMBARD STREET BALTIMORE, MARYLAND 21201 (410) 962-0950 (410) 962-2985 FAX August 30, 2007 TO ALL COUNSEL OF RECORD AND PRO SE LITIGANTS Subject: Albert Snyder v. Fred W. Phelps, Sr., et al. Civil No. RDB-06-1389 Dear Counsel: Please be advised that a settlement conference in the above-captioned case has been scheduled for Thursday, September 13, 2007, at 10:00 a.m. to be held in my chambers (Room 8C, United States Courthouse, 101 West Lombard Street, Baltimore, Maryland). It is required that the parties, or in the case of a corporation or partnership, an officer or other representative with complete authority to enter into a binding settlement, be present in person. Attendance by the attorney for a party is not sufficient. See Local Rule 607.3. In this case the Court is permitting parties Rebekah A. Phelps-Davis and Shirley L. Phelps-Roper to appear by telephone all other parties, together with their counsel, must be present in person. Please also be advised that the conference may take the entire day. No later than Monday, September 10, 2007, I would like to receive by regular mail, not electronically, from each party a short letter candidly setting forth the following: 1. Facts you believe you can prove at trial; 2. The major weaknesses in each side's case, both factual and legal; 3. An evaluation of the maximum and minimum damage awards you believe likely; 4. The history of any settlement negotiations to date; and 5. Estimate of attorney's fees and costs of litigation through trial. The letters may be submitted ex parte and will be solely for my use in preparing for the settlement conference. I also will review the pleadings in the court file. Additionally, if you want me to review any case authorities that you believe are critical to your evaluation of the case, please U.S. District Court (Rev. 9/2001) Dockets.Justia.com Letter to Counsel - Snyder v Phelps Page Two August 30, 2007 identify. If you want me to review any exhibits or deposition excerpts, please attach a copy to your letter.1 The settlement conference process will be confidential and disclosure of confidential dispute resolution communications is prohibited. See 28 U.S.C. 652(d). Notwithstanding the informal nature of this letter, it is an Order of the Court and the Clerk is directed to docket it as such. Very truly yours, /s/ James K. Bredar United States Magistrate Judge JKB/cw cc: The Hon. Richard D. Bennett Court file Chambers file Please note that the American Bar Association Standing Committee on Ethics and Professional Responsibility has issued a Formal Opinion (No. 93-370) that precludes a lawyer, ABSENT INFORMED CLIENT CONSENT, from revealing to a judge the limits of the lawyer's settlement authority or the lawyer's advice to the client regarding settlement. The opinion does not preclude a judge, in seeking to facilitate a settlement, from inquiring into those matters. Therefore, please discuss these items with your client before appearing for the settlement conference. U.S. District Court (Rev. 9/2001) 1

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