Oyola v. Cavalry SPV I, LLC et al

Filing 51

Magistrate Judge David H. Hennessy: ORDER WITH RESPECT TO MEDIATION entered. Alternative Dispute Resolution Hearing set for 8/23/2018 10:30 AM in Courtroom 1 - Worcester before Magistrate Judge David H. Hennessy. Parties are directed to submit an ex parte memo in accordance with procedures set forth in this order. (Belpedio, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

Abigail Oyola,
Plaintiff,
v.
Cavalry SPVI, LLC, et. al.
Defendant.

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CIVIL ACTION
NO. 17-cv-40083-TSH

ORDER WITH RESPECT TO MEDIATION
July 2, 2018
HENNESSY, M.J.
The parties are hereby notified that, in accordance with the Order of Reference dated May 29,
2018 (Docket #44), the court has scheduled a mediation conference at 10:30 am on August 23, 2018 in
Courtroom 1 - Worcester.

Counsel are directed to be present with their respective clients or

representatives thereof without limitation on their authority to negotiate and commit to settlement terms
that, in their discretion, may be acceptable. It shall be understood that all parties and counsel will
participate in the conference in good faith and with the interest of settling the matter on mutually
acceptable terms. It shall also be understood that all parties, counsel, and other persons who participate
will keep confidential all communications exchanged during the conference. By no later than 5 business
days before the mediation, each party shall provide the court under seal a confidential settlement
memorandum (marked “Confidential – Not for Docketing”) of no more than four pages addressing with
candor the following points:

1.

A brief analysis of the key issues involved in the litigation, including a specific breakdown
of the claimed damages.

2. A description of the strongest and weakest legal and factual points in the party’s case.
3. A description of the strongest and weakest legal and factual points in the opponent’s case.
4. The status of settlement negotiations, including the last settlement proposal made by each
side. In this regard, counsel are directed to confer with their clients in advance of the
mediation conference to explore the party’s settlement position, and the parties are
encouraged to exchange settlement proposals prior to the conference.
5. The settlement proposal that the party believes would be fair.
Each memorandum shall be sealed, held in confidence by the court and returned to the party at
the conclusion of mediation. The memoranda shall be sent to Lisa Belpedio, Deputy Clerk, Clerk’s
Office, United States District Court, 595 Main Street, Worcester, Massachusetts 01608, or preferably, emailed to [e-mail].
If you believe the case is not ripe for mediation, please contact the Courtroom Deputy. Counsel
are asked to accommodate the court’s scheduled mediation date. If the date poses a serious conflict,
please do NOT contact the Courtroom Deputy directly regarding mediation scheduling; instead, counsel
are to confer and file an assented-to motion to continue the mediation, including therein several proposed
dates for which all counsel and principals are available.
IT IS SO ORDERED.

/S/ David H. Hennessy
DAVID H. HENNESSY
UNITED STATES MAGISTRATE JUDGE

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