Calvert v. Ellis et al

Filing 139

ORDER Continuing Settlement Conference to 2/20/2015 10:00 AM in LV Chambers before Magistrate Judge Nancy J. Koppe. The settlement conference statements shall be received in the Magistrate Judge's chambers not later than 2/13/2015. Signed by Magistrate Judge Nancy J. Koppe on 1/22/2015. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAUREN CALVERT,

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Plaintiff(s),
vs.

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MICHAEL WAYNE ELLIS, et al.,
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Defendant(s).
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Case No. 2:13-cv-00464-APG-NJK
ORDER CONTINUING A
SETTLEMENT CONFERENCE

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The settlement conference in this case is hereby CONTINUED to commence at 10:00 a.m. on

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February 20, 2015, in the chambers of the undersigned Magistrate Judge, Third Floor, Lloyd D. George

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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 for
the duration of the settlement conference:

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1.

All counsel of record who will be participating in the trial;

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2.

All parties appearing pro se;

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3.

All individual parties;

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4.

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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...
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Any request for an exception to the above personal attendance requirements must be filed

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and served on all parties within fourteen (14) days of the issuance of this order. Such a request

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will be strictly scrutinized for a showing of compelling justification.

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Any request to reschedule the Settlement Conference must be made in writing within

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fourteen (14) days of the issuance of this order, and any such request must include five alternate

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dates on which all counsel and other required attendees are available.

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PREPARATION FOR SETTLEMENT CONFERENCE
In preparation for the settlement conference, each party shall submit a confidential settlement
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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The names of the people who will attend the settlement conference.

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3.

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

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names of individuals disclosed pursuant to Rule 26(a)(1)(A)(i), the Rule 26(a)(1)(A)(iii) computation

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of damages, and the Rule 26(a)(1)(A)(iv) insurance information. You must provide all information

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which documents or supports your damages claims. Copies of medical records or treatment records need

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not be submitted but, rather, shall be provided in a table or summary format.

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4.

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

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

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requests.

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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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6.

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

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

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

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been rejected. Attach a copy of all settlement correspondence, including all written demands or offers
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and responses thereto.
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Provide the initial settlement proposal that will be presented at the settlement conference

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

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terms that will be presented.

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The settlement conference statements shall be received in the chambers of the undersigned

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Magistrate Judge, and not the assigned District Judge, not later than February 13, 2015. DO NOT

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SERVE A COPY ON OPPOSING COUNSEL. DO NOT DELIVER OR MAIL COPIES TO THE

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CLERK’S OFFICE.

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The purpose of the statement is to assist the undersigned Magistrate Judge in preparing for and

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

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in responding to all of the above-listed questions is required. The settlement conference statement

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

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disclosed to the judge who ultimately presides over the trial. Each statement will be securely maintained

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in my chambers, and will be destroyed following the conference.

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In addition to the above requirements, the parties and counsel must be substantially
prepared to meaningfully participate in the Settlement Conference in good faith.

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FAILURE TO COMPLY WITH THE REQUIREMENTS SET FORTH IN THIS ORDER

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WILL SUBJECT THE NON-COMPLIANT PARTY AND/OR COUNSEL TO SANCTIONS

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UNDER FEDERAL RULE OF CIVIL PROCEDURE 16(f).

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DATED: January 22, 2015

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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