Powers, et al v. Credit Management Services, Inc. et al

Filing 198

ORDER -A settlement conference shall be held before the undersigned with counsel and representatives of the parties on April 13, 2016, at 9:00 a.m. in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, O maha, 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. A settlement conference statement of each party s hall be submitted directly to the undersigned no later than April 8, 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 recitati on 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.Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

LAURA POWERS,
NICHOLE PALMER, and
JASON PALMER,
Plaintiffs,

8:11CV436

vs.
ORDER
CREDIT MANAGEMENT SERVICES,
INC., et al.,
Defendants.
This matter is before the court after a telephone conference with counsel for the
parties on March 23, 2016.

Upon the parties’ request, the undersigned magistrate

judge will conduct a settlement conference as follows,

IT IS ORDERED:
1.

A settlement conference shall be held before the undersigned with

counsel and representatives of the parties on April 13, 2016, at 9:00 a.m. in Courtroom
No. 7, 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.

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 requirement contemplates the presence of the client or
if a corporate, governmental, or other organizational entity, an authorized representative
of the client. For a defendant, such representative must have final settlement authority
to commit the organization to pay, in the representative’s discretion, a settlement
amount up to the plaintiff's prayer, or up to the plaintiff's last demand, whichever is
lower.

For a plaintiff, such representative must have final authority, in the

representative’s discretion, to authorize dismissal of the case with prejudice, or to
accept a settlement amount down to the defendant's last offer. If board approval is

required to authorize settlement, attendance of the entire board is requested; if the
entire board does not attend, the attendance of at least one sitting member of the board
(preferably the chairperson) authorized to settle as described above is absolutely
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.

Such representative must have final

settlement authority to commit the company to pay, in the representative's discretion, an
amount within the policy limits, or up to the plaintiff's last demand, whichever is lower. 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 without consulting a
superior who is not present.
3.

Counsel appearing for the settlement conference without their client

representatives or insurance company representatives, authorized as described above,
will cause the settlement conference to be canceled and rescheduled.

The non-

complying party, attorney, or both may be assessed the costs and expenses incurred by
other parties and the court as a result of such cancellation, as well as any additional
sanctions deemed appropriate by the court. Counsel are responsible for timely advising
any involved non-party insurance company of the requirements of this order.
4.

Prior to the settlement conference proceedings, counsel shall discuss

settlement with their respective clients and insurance representatives, and opposing
counsel so the parameters of settlement have been explored well in advance of the
settlement conference. 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. If such
a conference is sought, it shall be sought soon enough that fees and expenses

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otherwise to be incurred in the convening of a settlement conference can be avoided,
normally at least two working days before the settlement conference.
5.

A settlement conference statement of each party shall be submitted

directly to the undersigned no later than April 8, 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 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.
6.

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.

Dated this 24th day of March, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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