TRP Entertainment, LLC v. BC Entertainment, Inc. et al

Filing 85

ORDER Granting 82 Motion to Vacate and Reset Settlement Conference. Settlement Conference set for 5/8/2013 09:00 AM in LV Chambers before Magistrate Judge Carl W. Hoffman. Signed by Magistrate Judge Carl W. Hoffman on 3/27/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TRP ENTERTAINMENT, LLC,

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Plaintiff,

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vs.

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BC ENTERTAINMENT, INC., et al.,

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Defendants.

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Case No. 2:08-cv-00579-LDG-CWH
ORDER

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This matter is before the Court on Plaintiff’s, TRP Entertainment, LLC, Motion to Vacate
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and Reset Settlement Conference (#82), filed on March 11, 2013. The Court also considered the
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Declaration of Nancy R. Lindsley (#83), filed on March 11, 2013.
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Plaintiff seeks to reschedule the settlement conference currently set for April 30, 2013 due to
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a conflict that precludes its participation. Plaintiff’s Counsel attests that she contacted Defendant
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Barrie Cunningham to agree on a new date, but he indicated that he would be unavailable until
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November 2013. See Declaration #83, 2.
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Defendant Barrie Cunningham failed to submit a response to Plaintiff’s motion. Local Rule
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7-2(d) states, “The failure of an opposing party to file points and authorities in response to any
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motion shall constitute consent to the granting of the motion.” Therefore, the Court finds that
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Defendant Barrie Cunningham has consented to the rescheduling of the settlement conference.
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Accordingly, the settlement conference is hereby rescheduled to commence at 9:00 AM on
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Wednesday, May 8, 2013 in the chambers of the undersigned Magistrate Judge, Room 3014, Lloyd
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D. George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas, Nevada.
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Unless ordered otherwise, the following individual(s) are required to be present in person
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for the duration of the settlement conference:

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All counsel of record who will be participating in the trial and who have full authority
to settle this case;

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All parties appearing pro se;

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All individual parties;

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In the case of non-individual parties, an officer or representative with binding
authority to settle this matter up to the full amount of the claim or last demand made;
and

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If any party is subject to coverage by an insurance carrier, then a representative of the
insurance carrier with authority to settle this matter up to the full amount of the claim
or last demand.

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A request for an exception to the above personal attendance requirements must be filed and
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served on all parties at least fourteen (14) days prior to the settlement conference.
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PREPARATION FOR SETTLEMENT CONFERENCE
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In preparation for the settlement conference, each party shall submit a confidential settlement
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conference statement for in camera review. The statement shall contain the following:
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A brief statement of the nature of the action.

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A concise summary of the evidence that supports your theory of the case, including

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the names of individuals disclosed pursuant to Rule 26(a)(1)(A)(i), the Rule 26(a)(1)(A)(iii)
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computation of damages, and the Rule 26(a)(1)(A)(iv) insurance information. You must provide all
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information which documents or supports your damages claims. Copies of medical records or
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treatment records need not be submitted but, rather, shall be provided in a table or summary format.
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3.

Attach to your statement any documents or exhibits which are relevant to key factual

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or legal issues, including selected pages from deposition transcripts or responses to other discovery
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requests.
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4.

An analysis of the key issues involved in the litigation. The analysis must include a

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discussion of the strongest points in your case, both legal and factual, and a frank discussion of the
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weakest points as well. The Court expects you to present a thorough analysis of the key issues and
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candid evaluation of the merits of your case.
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5.

Identify and explain any obstacles to settlement, e.g. medical liens, statutory caps, or

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motions pending before the Court.
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The history of settlement discussions, if any, which have occurred in this case.

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Provide any demands, offers, or offers of judgment that have been made and, if applicable, the

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reasons they have been rejected. Attach a copy of all settlement correspondence, including all

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written demands or offers and responses thereto.

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Provide the initial settlement proposal that will be presented at the settlement

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conference with a justification for any monetary amount. The proposal must include any non-

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monetary settlement terms that will be presented.

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The settlement conference statements shall be received in my chambers - Room 3014 - no
later than Wednesday, May 1, 2013. DO NOT SERVE A COPY ON OPPOSING COUNSEL.
DO NOT DELIVER OR MAIL COPIES TO THE CLERK’S OFFICE.
The purpose of the statement is to assist the undersigned Magistrate Judge in preparing for

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and conducting the settlement conference. In order to facilitate a meaningful conference, your

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utmost candor in responding to all of the above-listed questions is required. The settlement

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conference statement will remain confidential. If this case does not settle, the settlement

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conference statement will not be disclosed to the judge who ultimately presides over the trial. Each

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statement will be securely maintained in my chambers, and will be destroyed following the

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conference.

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FAILURE TO COMPLY WITH THE REQUIREMENTS SET FORTH IN THIS

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ORDER WILL SUBJECT THE NON-COMPLIANT PARTY TO SANCTIONS UNDER

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FEDERAL RULE OF CIVIL PROCEDURE 16(f).

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Based on the foregoing and good cause appearing therefore,

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IT IS HEREBY ORDERED that Plaintiff’s, TRP Entertainment, LLC, Motion to Vacate

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and Reset Settlement Conference (#82) is granted.
DATED this 27th day of March, 2013.

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C.W. Hoffman, Jr.
United States Magistrate Judge

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