Jamison et al v. Depositors Insurance Company

Filing 157

ORDER - A settlement conference will be held before Magistrate Judge Zwart with counsel and representatives of the parties on August 3, 2016, 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. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NELLE JAMISON, AND JOHN PAUL
JAMISON,
4:14CV3009
Plaintiffs,
vs.

ORDER

DEPOSITORS INSURANCE COMPANY,
Defendant.
As part of his July 5, 2015 order, Judge Gerrard ordered the parties engage in a
settlement conference with the undersigned. (Filing No. 156).

IT IS ORDERED:

1.

A settlement conference will be held before Magistrate Judge Zwart with

counsel and representatives of the parties on August 3, 2016, 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.

Counsel shall submit a confidential settlement statement to the undersigned

by email to [e-mail] no later than July 27, 2016, 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

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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.

5.

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.

Dated this 13th day of July, 2016
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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