Richardson International (US) Limited et al v. Buhler Inc

Filing 68

ORDER, setting a Settlement Conference for 1/10/2017 09:30 AM in Courtroom 6, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge F.A. Gossett. Settlement conference statements are due at Noon on 1/6/2017.Ordered by Magistrate Judge F.A. Gossett. (ARL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

RICHARDSON INTERNATIONAL
(U.S.) LIMITED, and NATIONWIDE
AGRIBUSINESS INSURANCE
COMPANY,
Plaintiffs,
vs.
BUHLER, INC.,
Defendant.

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Case No. 8:14CV148

ORDER

Following a discussion with counsel by telephone on November 17, 2016,
IT IS ORDERED:
1. A settlement conference shall be held before the undersigned, with counsel and
representatives on January 10, 2017, at 9:30 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. 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 nonparty 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 otherwise to be incurred in the convening of
a settlement conference can be avoided, normally at least two working days before the
settlement conference.
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5. A settlement conference statement of each party shall be submitted directly to
the undersigned no later than Noon on January 6, 2017, 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.
7. 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 6 above will
be entered on the record. Counsel may deliver "opening statements" (not on the record),
and the court will make brief remarks. The conference will then continue in chambers.
DATED this 18th day of November 2016.
BY THE COURT:

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

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