Korhonen et al v. Hartford Insurance Company of the Midwest

Filing 50

ORDER Granting 48 Motion for Settlement Conference. Settlement Conference set for 5/14/2015 10:00 AM in LV Chambers before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 2/27/15. (Copies have been distributed pursuant to the NEF - TR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
TIMOTHY KORHONEN, et al.,

13

)
)
)
)
)
)
)
)
)
)

14

Pending before the Court is Defendant’s motion for settlement conference. Docket No. 48.

15

On February 17, 2015, the Court ordered that any response to Defendant’s motion for settlement

16

conference be filed no later than February 24, 2015. Docket No. 49. To date, no response has been

17

filed. See Docket. Pursuant to Local Rule 7-2(d), “[t]he failure of an opposing party to file points

18

and authorities in response to any motion shall constitute a consent to the granting of the motion.”

19

Accordingly, Defendant’s motion for settlement conference (Docket No. 48) is GRANTED.

9
Plaintiff(s),
10
vs.
11
SENTINEL INSURANCE, LTD.,
12
Defendant(s).

Case No. 2:13-cv-00565-RCJ-NJK
ORDER
(Docket No. 48)

20

A settlement conference is hereby scheduled to commence at 10:00 a.m. on May 14, 2015,

21

in the chambers of the undersigned Magistrate Judge, Third Floor, Lloyd D. George United States

22

Courthouse, 333 Las Vegas Boulevard South, Las Vegas, Nevada.

23
24

Unless ordered otherwise, the following individual(s) are required to be present in person
for the duration of the settlement conference:

25

1.

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

26

2.

All parties appearing pro se;

27

3.

All individual parties;

28

1

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

5.

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.

2
3
4
5

Any request for an exception to the above personal attendance requirements must be
6
filed and served on all parties within fourteen (14) days of the issuance of this order. Such a
7
request will be strictly scrutinized for a showing of compelling justification.
8
Any request to reschedule the Settlement Conference must be made in writing within
9
fourteen (14) days of the issuance of this order, and any such request must include five
10
alternate dates on which all counsel and other required attendees are available.
11
PREPARATION FOR SETTLEMENT CONFERENCE
12
In preparation for the settlement conference, each party shall submit a confidential settlement
13
conference statement for in camera review. The statement shall contain the following:
14
1.

A brief statement of the nature of the action.

2.

The names of the people who will attend the settlement conference.

3.

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

15
16
17
the names of individuals disclosed pursuant to Rule 26(a)(1)(A)(i), the Rule 26(a)(1)(A)(iii)
18
computation of damages, and the Rule 26(a)(1)(A)(iv) insurance information. You must provide all
19
information which documents or supports your damages claims. Copies of medical records or
20
treatment records need not be submitted but, rather, shall be provided in a table or summary format.
21
4.

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

22
or legal issues, including selected pages from deposition transcripts or responses to other discovery
23
requests.
24
5.

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

25
discussion of the strongest points in your case, both legal and factual, and a frank discussion of the
26
weakest points as well. The Court expects you to present a thorough analysis of the key issues and
27
candid evaluation of the merits of your case.
28
-2-

1
2
3

6.

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

motions pending before the Court.
7.

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

4

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

5

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

6

written demands or offers and responses thereto.

7

8.

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

8

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

9

monetary settlement terms that will be presented.

10

The settlement conference statements shall be received in chambers not later than May 7,

11

2015. DO NOT SERVE A COPY ON OPPOSING COUNSEL. DO NOT DELIVER OR

12

MAIL COPIES TO THE CLERK’S OFFICE.

13

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

14

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

15

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

16

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

17

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

18

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

19

conference.

20
21

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

22

FAILURE TO COMPLY WITH THE REQUIREMENTS SET FORTH IN THIS

23

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

24

SANCTIONS UNDER FEDERAL RULE OF CIVIL PROCEDURE 16(f).

25

IT IS SO ORDERED.

26

DATED: February 27, 2015

27
28

NANCY J. KOPPE
United States Magistrate Judge
-3-