Skarin v. Zurich American Insurance Company

Filing 51

ORDER withdrawing 37 Motion to Extend ; withdrawing 41 Motion ; granting 46 Motion to Extend; extending plaintiff's summary judgment response deadline to 12/17/2010; and setting a settlement conference for 12/14/2010 at 1:00 p.m. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)

S k a r i n v. Zurich American Insurance Company

D o c . 51

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA STEVEN R. SKARIN, Plaintiff, v. ZURICH AMERICAN INSURANCE COMPANY, Defendant. ) ) ) ) ) ) ) ) ) )

4:09CV3227

MEMORANDUM AND ORDER

C o n s is te n t with the court's discussions with counsel during the telephonic conference h e ld today, IT IS ORDERED: 1. T h e plaintiff's motion to extend the motion to compel deadline, (filing no. 37), a n d his motion to submit additional evidence in support of the motion to extend the motion to compel deadline, (filing no. 41), are deemed withdrawn. 2. T h e defendant's unopposed motion to extend the summary judgment deadline, (f ilin g no. 46), is granted, and defendant's motion for summary judgment (filing no. 48), is d e e m e d timely filed. 3. T h e plaintiff's deadline for responding to the defendant's motion for summary ju d g m e n t is extended to December 17, 2010. 4. A settlement conference will be held before the undersigned with counsel and re p re se n ta tiv e s of the parties on December 14, 2010 beginning at 1:00 p.m. in chambers, 566 F e d e ra l Building and United States Courthouse, 100 Centennial Mall North, Lincoln, N e b ra sk a . The parties' representatives and/or counsel shall be prepared to participate and n e g o tia te a settlement of this case during the conference in accordance with the following p r o v i sio n s : a. Unless excused by order of the court, clients or client representatives w ith complete authority to negotiate, consummate, and pay or accept p a ym e n t in full settlement of the case shall attend the settlement c o n f e re n c e . Any insurance company that is a party or is contractually re q u ire d to defend or to pay damages, if any, assessed within its policy

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lim its in this case must have a fully authorized settlement representative p re se n t. If trial counsel has been fully authorized to commit the client to pay or to accept in settlement the amount last proposed by the o p p o n e n t, in counsel's sole discretion, the client, client representative, o r insurance company representative, as applicable, need not attend. In the event counsel for any party is aware of any circumstance which m ig h t cast doubt on a client's compliance with this paragraph, s/he sh a ll immediately discuss the circumstance with opposing counsel to re so lv e it well before the settlement conference, and, if such discussion d o e s not resolve it, request a telephone conference with the court and c o u n se l. b. Unless personal attendance of a client is excused by the court prior to c o m m e n c em e n t of the conference, the settlement conference will be c a n ce le d or rescheduled if counsel appears for the settlement c o n f ere n c e without client representatives or insurance company re p re se n ta tiv e s who are authorized as described above. The nonc o m p l yin g 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 th e court. Counsel are responsible for timely advising any involved n o n -p a rty insurance company of the requirements of this order. Prior to the settlement conference, counsel shall discuss settlement with th e ir respective clients and insurance representatives, and shall e x c h an g e with opposing counsel proposals for settlement so the p a r a m e te r s of settlement have been explored well in advance. If as a re su lt of such discussions, counsel for any party believes that the p a rtie s' respective settlement positions are so divergent, or for any other re a so n , that settlement is not reasonably possible in this matter, he or sh e shall seek a conference with the undersigned and opposing counsel, b y telephone or otherwise, to determine whether the settlement co n fe ren ce should be canceled or postponed. To avoid unnecessary in c u rrin g of travel and other expenses if the settlement conference is c a n ce lle d or postponed, request for a conference to discuss cancellation o r postponement must be made on or before December 30, 2010. Counsel shall submit a confidential settlement statement to the u n d e rs ig n e d no later than two working days prior to the conference, s e ttin g forth the relevant positions of the parties concerning factual -2-

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issu e s, issues of law, damages, and the settlement negotiation history o f the case, including a recitation of any specific demands and offers th a t have been conveyed. The statement should not exceed five (5) p a g e s in length and will not be made a part of the case file. e. Notwithstanding the provisions of Rule 408, Fed. R. Evid., all s ta te m e n ts made by the parties relating to the substance or merits of the c a se , whether written or oral, made for the first time during the s e ttle m e n t conference shall be deemed to be confidential and shall not b e admissible in evidence for any reason in the trial of the case, should th e case not settle. This provision does not preclude admissibility in o th e r contexts, such as pertaining to a motion for sanctions regarding th e settlement conference. B Y THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge

N o v e m b er 19, 2010.

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