Fidelity & Deposit Company of Maryland v. Casey Industrial, Inc. et al
Filing
141
SETTLEMENT CONFERENCE ORDER - A settlement conference will be held before the undersigned magistrate judge with counsel and representatives of the parties on January 7, 2015, beginning at 9:00 a.m. in chambers, 566 Federal Building and United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. 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 m ade on or before January 5, 2015. Counsel shall submit a confidential settlement statement to the undersigned by email to zwart@ned.uscourts.gov no later than January 6, 2015, 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. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FIDELITY & DEPOSIT COMPANY OF
MARYLAND,
8:12CV0070
Plaintiff,
vs.
SETTLEMENT CONFERENCE ORDER
CASEY INDUSTRIAL, INC., SAFECO
INSURANCE COMPANY OF AMERICA,
Defendants.
IT IS ORDERED:
1.
A settlement conference will be held before the undersigned magistrate judge
with counsel and representatives of the parties on January 7, 2015, 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 January 5, 2015.
5.
Counsel shall submit a confidential settlement statement to the undersigned by
email to zwart@ned.uscourts.gov no later than January 6, 2015, 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.
Dated this 5th day of January , 2015.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge
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