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)

Download PDF
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additional evidence in support of the motion to extend the motion to compel deadline, (filing no. 41), are deemed withdrawn. 2.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 Dockets.Justia.com 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- c.. d. 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. -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?