Jackson v. St. Vincent Healthcare
ORDER SETTING SETTLEMENT CONFERENCE and denying 28 Motion to Waive Mediation Requirement. Settlement Conference set for June 23, 2017 at 9:00 a.m. before Judge Cavan. Signed by Magistrate Judge Timothy J. Cavan on 5/15/2017. (AEC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
ST. VINCENT HEALTHCARE,
A scheduling conference was held in this case on May 15, 2017. After
discussion with the parties, IT IS HEREBY ORDERED that Plaintiff’s motion to
waive the mediation requirement (Doc. 28) is DENIED.
IT IS FURTHER ORDERED that the undersigned will conduct a
settlement conference in the above-captioned case on June 23, 2017 at 9:00 a.m.
Counsel and the parties shall report to the Bighorn Courtroom of the Battin Federal
Courthouse, 2601 2nd Avenue North, Billings, Montana.
It is the responsibility of counsel to ensure that each named party is present
in person with ultimate settlement authority at the settlement conference. The
person with ultimate settlement authority must be knowledgeable about the facts of
the case and have the discretion to alter the party’s settlement position based on
discussion and negotiation at the settlement conference.
A fully insured party need not attend unless the settlement decision will be
made in part by the insured. A governmental entity shall send a representative
authorized to act on its behalf. If a corporation is named, or if an insurance carrier
is involved, then the representative with ultimate settlement authority for said
corporation and/or insurance carrier shall be present in person at the settlement
conference. Availability of these named parties and/or corporate/insurance carrier
representatives by telephone will not be acceptable. The Court will not entertain
requests by counsel to excuse either their clients or the corporate/insurance carrier
representatives from personal attendance at the settlement conference.
Failure to comply with the conditions set forth above, including appearance
in person with all necessary settlement authority and discretion, or failure to
negotiate in good faith, may result in imposition of sanctions and/or costs of the
conference. See Local Rule 16.5(b)(4)(B).
Settlement conferences are often more efficient and productive if the parties
have exchanged demands and offers before the conference. Before arriving at the
conference, at least one specific proposal and one counter proposal shall be
IT IS FURTHER ORDERED that on or before June 16, 2017 the
respective parties must submit to the undersigned, a confidential settlement
statement setting forth:
the names of all persons, including counsel, who will attend and
participate in the conference on behalf of the named party, and identification of the
person with ultimate settlement authority;
a recitation of the facts (or reference to appropriate document and
pages of the Court’s record);
a discussion of the strengths and weaknesses of the case;
a report on settlement efforts to date; and
any and all further information the parties believe will be helpful to
the undersigned in conducting the mediation.
The brochures shall not be exchanged among the parties nor become part of
the formal court record. The brochures shall not exceed twenty (20) pages in
length, excluding exhibits.
The brochures should be submitted to Judge Cavan’s chambers via email to
firstname.lastname@example.org. If a brochure exceeds 20 pages in length,
including attachments and exhibits, a courtesy copy must be delivered directly to
chambers at 2601 2nd Avenue North, Suite 5500, James F. Battin Federal
Courthouse, Billings, Montana, 59101. Facsimile (fax) submissions are not
acceptable and will be disregarded by the Court.
IT IS ORDERED.
DATED this 15th day of May, 2017.
TIMOTHY J. CAVAN
United States Magistrate Judge
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