JS Products, Inc. v. Kabo Tool Company

Filing 39

ORDER Scheduling Settlement Conference for 8/23/2012 09:00 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr on 07/05/2012. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JS PRODUCTS, INC.,

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Plaintiff,
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vs.
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KABO TOOL COMPANY,
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Defendant.
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__________________________________________)

Case No. 2:11-cv-01856-RCJ-GWF
ORDER SCHEDULING A
SETTLEMENT CONFERENCE

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Pursuant to the Discovery Plan and Scheduling Order (#29), entered January 25, 2012, a pre-

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claim construction settlement conference is hereby scheduled to commence at 9:00 a.m. on

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Thursday, August 23, 2012, in the chambers of the undersigned United States Magistrate Judge,

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Room 3099, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South, Las

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Vegas, Nevada.

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

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settle this case, and all parties appearing pro se, if any, and all individual parties must be present.

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In the case of non-individual parties, counsel of record shall arrange for an officer or representative

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with binding authority to settle this matter up to the full amount of the claim or last demand made to

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be present for the duration of the conference.

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If any party is subject to coverage by an insurance carrier, then a representative of the

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insurance carrier with authority to settle this matter up to the full amount of the claim or last demand

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made must also be present for the duration of the settlement conference.

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A request for an exception to the above attendance requirements must be filed and

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served on all parties at least fourteen (14) days prior to the settlement conference. Counsel of

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record, individual parties, and a fully-authorized representative shall appear in person unless
the court enters an order granting a request for exception.

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PREPARATION FOR SETTLEMENT CONFERENCE

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In preparation for the settlement conference, the attorneys for each party shall submit a

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confidential settlement conference statement for the Court’s in camera review. If attached exhibits

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are voluminous, they should be separately tabbed. Failure to do so may result in the

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documents being returned with the requirement that they be properly tabbed. The settlement

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conference statement shall contain the following:

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1.

A brief statement of the nature of the action.

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2.

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

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information which documents your damages claims. Please attach to your statement any documents

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or exhibits which are relevant to key factual or legal issues, including selected pages from deposition

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transcripts or responses to other discovery requests.

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3.

An analysis of the key issues involved in the litigation.

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4.

A discussion of the strongest points in your case, both legal and factual, and a frank

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discussion of the weakest points as well. The Court expects you to present a candid evaluation of

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the merits of your case.

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5.

A further discussion of the strongest and the weakest points in your opponent’s case,

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but only to the extent that they are more than simply the converse of the weakest and the strongest

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points in your case.

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6.

The history of settlement discussion, if any, which have occurred in this case. Please

detail the demands and offers which have been made, and the reasons they have been rejected.

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7.

The settlement proposal that you believe would be fair.

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8.

The settlement proposal that you would honestly be willing to make in order to

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conclude this matter and stop the expense of litigation.
The settlement conference statements shall be received in my chambers - Room 3099 - not

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later than August 16, 2012. DO NOT SERVE A COPY ON OPPOSING COUNSEL. DO NOT

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DELIVER OR MAIL COPIES TO THE CLERK’S OFFICE.

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The purpose of the statement is to assist the undersigned Magistrate Judge in preparing for
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 be seen by no one except the undersigned. If this case does not settle,

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the settlement conference statement will not be disclosed to the judge who ultimately presides over

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the trial. Each statement will be securely maintained in my chambers, and will be destroyed

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following the conference.

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DATED this 5th day of July, 2012.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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