Jamal Damon Hendrix v. Cox et al

Filing 122

ORDER that the Court SETS a settlement conference to commence at 9:30 a.m. on November 15, 2018, in the chambers of the undersigned Magistrate Judge, Fourth Floor, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South , Las Vegas, Nevada. The settlement conference statements shall be submitted, in an envelope marked "Confidential," directly to the undersigned's box in the Clerk's Office not later than 3:00 p.m. on November 8, 2018. DO NOT SERVE A COPY ON OPPOSING COUNSEL. Signed by Magistrate Judge Nancy J. Koppe on 9/19/2018. (no image attached) (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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JAMAL DAMON HENDRIX,

Case No.: 2:15-cv-00560-MMD-NJK

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Plaintiff(s),

Order

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v.
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SHERYL L. FOSTER, et al.,
Defendant(s).

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This case has been referred to the undersigned to set a settlement conference. Docket No.
121. The Court SETS a settlement conference to commence at 9:30 a.m. on November 15, 2018,
in the chambers of the undersigned Magistrate Judge, Fourth Floor, Lloyd D. George United States
Courthouse, 333 Las Vegas Boulevard South, Las Vegas, Nevada.1
In light of Plaintiff being in prison, Defendants’ counsel is further INSTRUCTED to
coordinate with the undersigned’s courtroom deputy, Ari Caytuero, to facilitate Plaintiff’s
telephonic appearance at the settlement conference. Mr. Caytuero can be reached at 702-4645566. All other required participants shall appear in person as explained below.
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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Any request to change the date of the settlement conference must be made in writing and
27 must be filed within 7 days of the issuance of this order. Such requests must include at least 5
alternative dates on which all required participants are available to attend the settlement
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All counsel of record who will be participating in the trial;

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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

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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.

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

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or last demand.2

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

9 Any request for an exception to the above personal attendance requirements must be filed
10 and served on all parties within seven (7) days of the issuance of this order. Such a request
11 will be strictly scrutinized for a showing of compelling justification.
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PREPARATION FOR SETTLEMENT CONFERENCE
In preparation for the settlement conference, each party shall submit a confidential

14 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

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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

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

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claims. Copies of medical records or treatment records need not be submitted but, rather,

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shall be provided in a table or summary format.

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4.

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

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requests.

Attachment of any documents or exhibits that are relevant to key factual or legal

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Settlement conferences are closed to the public. Non-parties, including family members,
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discussion of the strongest points in your case, both legal and factual, and a frank discussion

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of the weakest points as well. The Court expects you to present a thorough analysis of the

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key issues and candid evaluation of the merits of your case.

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statutory caps, or motions pending before the Court.

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

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

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

Identification and explanation of any obstacles to settlement, e.g. medical liens,

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

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including all written demands or offers and responses thereto.

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8.

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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 submitted, in an envelope marked

The initial settlement proposal that will be presented at the settlement conference

15 “Confidential,” directly to the undersigned’s box in the Clerk’s Office not later than 3:00 p.m. on
16 November 8, 2018. DO NOT SERVE A COPY ON OPPOSING COUNSEL.
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The purpose of the settlement statement is to assist the undersigned Magistrate Judge in

18 preparing for and conducting the settlement conference. In order to facilitate a meaningful
19 conference, your utmost candor in responding to all of the above-listed questions is required. The
20 settlement conference statement will remain confidential. If this case does not settle, the
21 settlement conference statement will not be disclosed to the judge who ultimately presides over
22 the trial. Each statement will be securely maintained in my chambers, and will be destroyed
23 following the conference.
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In addition to the above requirements, the parties and counsel must be substantially

25 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

2 ORDER WILL SUBJECT THE NON-COMPLIANT PARTY AND/OR COUNSEL TO
3 SANCTIONS UNDER FEDERAL RULE OF CIVIL PROCEDURE 16(f).
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IT IS SO ORDERED.

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Dated: September 19, 2018

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______________________________
Nancy J. Koppe
United States Magistrate Judge

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