Jensen v. 3M Company

Filing 29

ORDER in accordance with the joint request of the parties, Settlement Conference set for 9/7/2017 from 09:00 AM to 4:00 PM in Courtroom 7, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Susan M. Bazis. All progression deadlines in this case are stayed.Ordered by Magistrate Judge Susan M. Bazis. (CCB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICK JENSEN,
Plaintiff,

8:16CV506

vs.
ORDER FOR SETTLEMENT
CONFERENCE

3M COMPANY,
Defendant.
In accordance with the joint request of the parties,
IT IS ORDERED as follows:
1.

A settlement conference will be held before United States Magistrate Judge Susan

M. Bazis with counsel and representatives of the parties on September 7, 2017, from 9:00 a.m.
to 4:00 p.m. in Courtroom #7, 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.

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. Defendants’ representative
must have the authority to commit Defendants to pay, in the representative’s own discretion, the
amount needed to settle the case; 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 canceled 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 Magistrate Bazis 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 August 17, 2017.

5.

Counsel

shall

submit

a

confidential

settlement

statement

to

[e-mail] no later than August 24, 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 have been conveyed.
Since Magistrate Bazis will have no further substantive involvement in this case, this statement
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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 pursuing a motion for
sanctions regarding the settlement conference.

7.

All progression deadlines in this case are stayed.

Dated this 1st day of August, 2017.

BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

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