City of Lincoln v. Sprint Spectrum LP

Filing 27

SETTLEMENT CONFERENCE ORDER granting 26 Oral Motion to stay the expert witness disclosure deadlines. A settlement conference will be held before the undersigned magistrate judge with counsel and representatives of the parties on April 18, 2013, beginning at 9:00 a.m. in chambers, 566 Federal Building and United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CITY OF LINCOLN, Nebraska;
Plaintiff,

4:12CV3188

vs.
SPRINT SPECTRUM, LP,

SETTLEMENT CONFERENCE
ORDER

Defendant.
After conferring with the parties,
IT IS ORDERED:
a.

The parties’ oral motion to stay the expert witness disclosure deadlines,
(filing 26), is granted.

b.

The parties’ request for a settlement conference is granted as follows:
1)

A settlement conference will be held before the undersigned
magistrate judge with counsel and representatives of the parties on
April 18, 2013, beginning 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.

2)

Unless excused by order of the court, clients or client representatives
with complete authority to negotiate and consummate a settlement
shall be in attendance at the settlement conference. This requires the
presence of the client or if a corporate, governmental, or other
organizational entity, an authorized representative of the client. The
defendant’s representative must have the authority to commit the
defendant to pay, in the representative's own discretion, the amount
needed to settle the case; the plaintiff’s representative must have the
authority, in the representative's own discretion, to authorize
dismissal of the case with prejudice, or to accept the amount offered
and needed to settle the case. If board approval is required to
authorize settlement, the attendance of at least one sitting member of
the board (preferably the chairperson) authorized to settle as

described above is required. Any insurance company that is a party
or is contractually required to defend or to pay damages, if any,
assessed within its policy limits in this case must have a fully
authorized settlement representative present.
Counsel are
responsible for timely advising any involved non-party insurance
company of the requirements of this order. If trial counsel has been
fully authorized to commit the client to pay or to accept in settlement
the amount last proposed by the opponent, in counsel's sole
discretion, the client, client representative, or insurance company
representative, as applicable, need not attend. The purpose of this
requirement is to have in attendance a representative who has both
the authority to exercise his or her own discretion, and the realistic
freedom to exercise such discretion without negative consequences,
in order to settle the case during the settlement conference without
consulting someone else who is not physically present. In the event
counsel 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 circumstance with opposing counsel to
resolve it before the settlement conference, and, if such discussion
does not resolve it, request a telephone conference with the court and
counsel.
3)

If a party fails to comply with paragraph (2) of this order, the
settlement conference will be cancelled and costs, attorney fees, and
sanctions may be imposed by the court against the non-complying
party, counsel for that party, or both.

4)

Prior to the settlement conference, counsel shall discuss settlement
with their respective clients and insurance representatives, and shall
exchange with opposing counsel proposals for settlement so the
parameters of settlement have been explored well in advance. If as a
result of such discussions, counsel for any party believes that the
parties' respective settlement positions are so divergent, or for any
other reason, that settlement is not reasonably possible in this matter,
he or she shall seek a conference with the undersigned and opposing
counsel, by telephone or otherwise, to determine whether the
settlement conference should be canceled or postponed. To avoid
unnecessarily incurring travel and other expenses if the settlement
conference is canceled or postponed, any request for a conference to
discuss cancellation or postponement must be made on or before
April 16, 2013.

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5)

Counsel shall submit a confidential settlement statement to the
undersigned by email to [e-mail] no later than April
16, 2013, setting forth the relevant positions of the parties
concerning factual issues, issues of law, damages, and the settlement
negotiation history of the case, including a recitation of any specific
demands and offers that have been conveyed. Since the undersigned
magistrate judge will have no further substantive involvement in this
case, this statement should describe candid and confidential interests
or positions that in counsel’s opinion may be preeminent in
negotiating a settlement; copies should NOT be served on opposing
counsel or parties.

6)

Notwithstanding the provisions of Rule 408, Fed. R. Evid., all
statements made by the parties relating to the substance or merits of
the case, whether written or oral, made for the first time during the
settlement conference shall be deemed to be confidential and shall
not be admissible in evidence for any reason in the trial of the case,
should the case not settle. This provision does not preclude
admissibility in other contexts, such as pertaining to a motion for
sanctions regarding the settlement conference.

March 1, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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