O'Brien v. R.C. Willey Home Furnishings

Filing 64

ORDER Setting a Settlement Conference for 9/18/2019 in LV Chambers - Room 3099 before Magistrate Judge Daniel J. Albregts. Plaintiff must report to Magistrate Judge Albregts's chambers at 9:30 AM. Defendants must report to Magistr ate Judge Albregts's chambers at 10:00 AM. The settlement conference statements shall be submitted to LV Chambers - Room 3099 no later than 4:00 PM on 9/11/2019. Do not serve a copy on opposing counsel. Do not deliver or mail copies to the clerk's office. Signed by Magistrate Judge Daniel J. Albregts on 8/12/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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STEVEN O’BRIEN,

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Case No. 2:15-cv-00329-RCJ-DJA
Plaintiff,

v.

ORDER SETTING SETTLEMENT
CONFERENCE

R.C. WILLEY HOME FURNISHINGS,

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Defendant.

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This matter has been referred to the undersigned for a mandatory settlement conference
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(ECF No. 62). A settlement conference is hereby set for Wednesday, September 18, 2019.
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Plaintiff must report to the chambers of the undersigned United States Magistrate Judge, Room
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3099, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas,
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Nevada, at 9:30 a.m. Defendants must report to the chambers of the undersigned at 10:00 a.m.
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Unless the court orders otherwise, the following individual(s) must be present in person
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for the duration of the settlement conference:
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1.

An attorney of record who will be participating in the trial and who has full

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authority to settle this case;
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2.

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

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authority to settle this matter up to the full amount of the claim or last demand made; and
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5.

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

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the insurance carrier with authority to settle this matter up to the full amount of the claim or last
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demand.
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A request for an exception to the foregoing personal attendance requirements must be

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filed and served on all parties at least 14 days before the settlement conference.

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PREPARATION FOR SETTLEMENT CONFERENCE

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In preparation for the settlement conference, each party must submit a confidential

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settlement conference statement for in camera review. The statement must 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,

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

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26(a)(1)(A)(iii) computation of damages, and the Rule 26(a)(1)(A)(iv) insurance information.

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You must provide all information which documents or supports your damages claims. Copies of

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medical records or treatment records need not be submitted but, rather, must be provided in a

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table or summary format.

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3.

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

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

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discovery requests.

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4.

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

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

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the weakest points as well. The court expects you to present a thorough analysis of the key issues

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and 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 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 to the offers.

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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 parties are encouraged, but not required, to exchange non-confidential

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portions of the settlement conference statements before the scheduled conference. The court has

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found the exchange of statements beneficial for purposes of settlement discussion.

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The settlement conference statements must be received in my chambers, Room 3099, not

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later than 4:00 p.m. on Wednesday, September 11, 2019. Do not serve a copy on opposing

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counsel. Do not 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

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and conducting the settlement conference. To facilitate a meaningful conference, your utmost

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

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

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

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will be securely maintained in my chambers and will be destroyed following the conference.

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Failure to comply with the requirements set forth in this order will subject the noncompliant party to sanctions under Federal Rule of Civil Procedure 16(f).

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DATED: August 12, 2019

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DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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