Zalkin v. Coventry Health Care of Nebraska, Inc.

Filing 45

MEMORANDUM AND ORDER that a settlement conference shall be held before the undersigned with counsel and representatives of the parties on October 5, 2010 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. (ADB, )

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- FG3 Zalkin v. Coventry Health Care of Nebraska, Inc. Do c. 45 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA STEVEN ZALKIN, Plaintiff, v. COVENTRY HEALTH CARE OF NEBRASKA, INC., Defendant. IT IS ORDERED: 1. A settlement conference shall be held before the undersigned with counsel and re p re se n tativ e s of the parties on October 5, 2010 beginning at 9:00 a.m. in c h a m b e rs , 566 Federal Building and United States Courthouse, 100 Centennial M a ll North, Lincoln, Nebraska. The parties' representatives and/or counsel s h a ll be prepared to participate and negotiate a settlement of this case during th e conference 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 lly authorized settlement representative present. If trial counsel has been f u l ly 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 t a 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. ) ) ) ) ) ) ) ) ) ) 8:09CV96 MEMORANDUM AND ORDER 2. Dockets.Justia.com 3. 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 September 30, 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 sp e c if ic demands and offers that have been conveyed. The statement should n o t exceed 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. September 2, 2010. BY THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge 4. 5. 6. -2-

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