Stevens v. Gentry et al

Filing 45

ORDER re 44 Order Scheduling Settlement Conference, Signed by Magistrate Judge Nancy J. Koppe on 11/2/2016. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SHERRIE STEVENS,
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Plaintiff,
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vs.
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JO GENTRY, et al.,
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Defendants.
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Case No. 2:15-cv-01002-JAD-NJK
ORDER

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On November 1, 2016, United States District Judge Jennifer A. Dorsey granted the parties’

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stipulation for settlement conference. Docket No. 44. The settlement conference will commence at 9:00

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a.m. on December 15, 2016, in the chambers of the undersigned Magistrate Judge, Fourth Floor, Lloyd

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D. George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas, Nevada.1

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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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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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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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Any request to change the date of the settlement conference must be made in writing and 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 conference.

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5.

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

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served on all parties within seven (7) days of the issuance of this order. Such a request will be

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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 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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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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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 submitted, in an envelope marked “Confidential,”

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directly to the undersigned’s box in the Clerk’s Office not later than 3:00 p.m. on December 8, 2016.

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DO NOT SERVE A COPY ON OPPOSING COUNSEL.

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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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IT IS SO ORDERED.

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DATED: November 2, 2016.

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______________________________________
Nancy J. Koppe
United States Magistrate Judge

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