City of Omaha v. R&B Excavating I, Inc. et al

Filing 117

ORDER SETTING SETTLEMENT CONFERENCE. Settlement Conference set for 10/13/2011 10:00 AM in Courtroom 6, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge F.A. Gossett. Ordered by Magistrate Judge F.A. Gossett. (ARL,)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

CITY OF OMAHA, a municipal
corporation,
Plaintiff,
vs.
R & B Excavating, INC., a Nebraska
corporation; UNITED FIRE AND
CASUALTY COMPANY, an Iowa
corporation; PINNACLE BANK,
a Nebraska banking corporation;
and JOHN MAIN,
Defendants.
PINNACLE BANK, a Nebraska
banking corporation,
Third-Party Plaintiff,
vs.
R & B EXCAVATING, INC., a
Nebraska corporation; UNITED
FIRE AND CASUALTY COMPANY,
an Iowa corporation; JOHN MAIN,
and RUSSELL THILLE,
Third-Party Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 8:10cv325

ORDER SETTING
SETTLEMENT CONFERENCE

Following a discussion with counsel by telephone conference call on September 29,
2011,
IT IS ORDERED:
1. A settlement conference shall be held before the undersigned, with counsel and
representatives on Thursday, October 13, 2011 at 10:00 A.M., in Courtroom 6, Second

Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha,
Nebraska. The parties' representatives and/or counsel shall be prepared to participate and
negotiate a settlement of this case during the conference in accordance with the following
paragraphs.
2. 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 representatives present who can settle
the case during the course of the settlement conference.
3. A settlement conference statement of each party shall be submitted directly to
the undersigned on or before October 11, 2011, 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 may have
been conveyed. Copies of such settlement conference statements are to be promptly
transmitted to all counsel of record. The settlement conference statement may not exceed
five (5) pages in length and will not be made a part of the case file.
4. Neither the settlement conference statements nor communications of any kind
occurring during the settlement conference shall be used by any party with regard to any
aspect of the litigation or trial of the case.
5. Format of the Settlement Conference: The conference will begin in the
courtroom where the court will determine that the representatives in attendance have the
authority required in paragraph 2 above. The stipulation set forth in paragraph 4 above will
be entered on the record. Counsel will then deliver "argumentative opening statements"
(not on the record), and the court will make brief remarks. The conference will then
continue in chambers.
DATED this 29th day of September 2011.
BY THE COURT:

s/ F.A. Gossett, III
United States Magistrate Judge
-2-