Chaney v. Albertson's
MEMORANDUM AND ORDER - A settlement conference shall be held before the undersigned with counsel and representatives of the parties on July 16, 2010 at 9:00 a.m. in chambers, 566 Federal Building and United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. The parties' representatives and/or counsel shall be prepared to participate and negotiate a settlement of this case during the conference in accordance herewith.Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
C h a n ey v. Albertson's
Do c. 32
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA NANCEY CHANEY, Plaintiff, v. ALBERTSON'S, LLC, Defendant. IT IS ORDERED: 1. A settlement conference shall be held before the undersigned with counsel and re p re se n ta tiv e s of the parties on July 16, 2010 at 9:00 a.m. in chambers, 566 F e d e ra l Building and United States Courthouse, 100 Centennial Mall North, L in c o ln , Nebraska. The parties' representatives and/or counsel shall be p re p a re d to participate and negotiate a settlement of this case during the c o n f ere n c e in accordance herewith. Unless excused by order of the court, clients or client representatives with c o m p lete authority to negotiate, consummate, and pay or accept payment in f u ll settlement of the case shall attend the settlement conference. Any in su ra n c e company that is a party or is contractually required to defend or to p a y damages, if any, assessed within its policy limits in this case must have a f u ll y authorized settlement representative present. If trial counsel has been f u lly authorized to commit the client to pay or to accept in settlement the a m o u n t last proposed by the opponent, in counsel's sole discretion, the client, c lie n t representative, or insurance company representative, as applicable, need n o t attend. The purpose of this requirement is to have in attendance a re p re se n ta tiv e who has both the authority to exercise his or her own discretion, a n d the realistic freedom to exercise such discretion without negative c o n se q u e n ce s, in order to settle the case during the settlement conference w ith o u t consulting someone else who is not physically present. In the event c o u n se l for any party is aware of any circumstance which might cast doubt on a client's compliance with this paragraph, s/he shall immediately discuss the c irc u m s ta n c e with opposing counsel to resolve it well before the settlement c o n f ere n c e, and, if such discussion does not resolve it, request a telephone c o n f e re n c e with the court and counsel. ) ) ) ) ) ) ) ) )
MEMORANDUM AND ORDER
Counsel appearing for the settlement conference without their client re p re se n ta tiv e s or insurance company representatives, authorized as described a b o v e , will cause the settlement conference to be canceled or rescheduled. T h e non-complying party, attorney, or both may be assessed the costs and e x p e n se s incurred by other parties and the court as a result of such c a n ce lla tio n , as well as any additional sanctions deemed appropriate by the c o u rt. Counsel are responsible for timely advising any involved non-party in s u ra n c e company of the requirements of this order. Prior to the settlement conference, counsel shall discuss settlement with their re sp e c tiv e clients and insurance representatives, and shall exchange with o p p o s in g counsel proposals for settlement so the parameters of settlement have b e e n explored well in advance. If as a result of such discussions, counsel for a n y party believes that the parties' respective settlement positions are so d iv e rg e n t, or for any other reason, that settlement is not reasonably possible in th is matter, he or she shall seek a conference with the undersigned and o p p o s in g counsel, by telephone or otherwise, to determine whether the settlem en t conference should be canceled or postponed. To avoid unnecessary in c u rrin g of travel and other expenses if the settlement conference is cancelled o r postponed, request for a conference to discuss cancellation or postponement m u s t be made on or before July 9, 2010. Counsel shall submit a confidential settlement statement to the undersigned no la te r than two working days prior to the conference, setting forth the relevant p o s itio n s of the parties concerning factual issues, issues of law, damages, and th e settlement negotiation history of the case, including a recitation of any s p e c if ic demands and offers that have been conveyed. The statement may not e x c ee d five (5) pages in length and will not be made a part of the case file. Notwithstanding the provisions of Rule 408, Fed. R. Evid., all statements made b y the parties relating to the substance or merits of the case, whether written o r oral, made for the first time during the settlement conference shall be d e e m e d to be confidential and shall not be admissible in evidence for any re a so n in the trial of the case, should the case not settle. This provision does n o t preclude admissibility in other contexts, such as pertaining to a motion for s a n c tio n s regarding the settlement conference. The deadline for filing dispositive motions, including motions for summary judgment, is continued to July 30, 2010. July 1, 2010. BY THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge
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