Williams v. Neven et al

Filing 39

ORDER Scheduling Settlement Conference reset for 9/20/2017 at 09:30 AM in LV Chambers before Magistrate Judge Nancy J. Koppe. Defendants' counsel is further INSTRUCTED to coordinate with the undersigned's courtroom deputy, Ari Caytuero, to facilitate Plaintiffs telephonic appearance at the settlement conference. Mr. Caytuero can be reached at 702-464-5566. 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 September 13, 2017. Signed by Magistrate Judge Nancy J. Koppe on 7/25/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 MICHAEL WILLIAMS, 11 Plaintiff(s), 12 vs. 13 DWIGHT W. NEVEN, et al., 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-01327-GMN-NJK ORDER 16 The settlement conference currently set in this case is hereby CONTINUED to 9:30 a.m. on 17 September 20, 2017, in the chambers of the undersigned Magistrate Judge, Fourth Floor, Lloyd D. 18 George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas, Nevada.1 19 In light of Plaintiff being in prison, Defendants’ counsel is further INSTRUCTED to coordinate 20 with the undersigned’s courtroom deputy, Ari Caytuero, to facilitate Plaintiff’s telephonic appearance 21 at the settlement conference. Mr. Caytuero can be reached at 702-464-5566. All other required 22 participants shall appear in person as explained below. 23 24 25 26 1 27 28 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. 1 2 Unless ordered otherwise, the following individual(s) are required to be present in person for the duration of the settlement conference: 3 1. All counsel of record who will be participating in the trial; 4 2. 3. All parties appearing pro se; All individual parties; 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. 8 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. 9 Any request for an exception to the above personal attendance requirements must be filed and 10 served on all parties within seven (7) days of the issuance of this order. Such a request will be 11 strictly scrutinized for a showing of compelling justification. 5 6 7 12 13 14 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: 15 1. A brief statement of the nature of the action. 16 2. The names of the people who will attend the settlement conference. 17 3. A concise summary of the evidence that supports your theory of the case, including the 18 names of individuals disclosed pursuant to Rule 26(a)(1)(A)(i), the Rule 26(a)(1)(A)(iii) computation 19 of damages, and the Rule 26(a)(1)(A)(iv) insurance information. You must provide all information 20 which documents or supports your damages claims. Copies of medical records or treatment records need 21 not be submitted but, rather, shall be provided in a table or summary format. 22 4. Attach to your statement any documents or exhibits which are relevant to key factual or 23 legal issues, including selected pages from deposition transcripts or responses to other discovery 24 requests. 25 5. An analysis of the key issues involved in the litigation. The analysis must include a 26 discussion of the strongest points in your case, both legal and factual, and a frank discussion of the 27 weakest points as well. The Court expects you to present a thorough analysis of the key issues and 28 candid evaluation of the merits of your case. 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. Provide 4 any demands, offers, or offers of judgment that have been made and, if applicable, the reasons they have 5 been rejected. Attach a copy of all settlement correspondence, including all written demands or offers 6 and responses thereto. 7 8. Provide the initial settlement proposal that will be presented at the settlement conference 8 with a justification for any monetary amount. The proposal must include any non-monetary settlement 9 terms that will be presented. 10 The settlement conference statements shall be submitted, in an envelope marked “Confidential,” 11 directly to the undersigned’s box in the Clerk’s Office not later than 3:00 p.m. on September 13, 2017. 12 DO NOT SERVE A COPY ON OPPOSING COUNSEL. 13 The purpose of the statement is to assist the undersigned Magistrate Judge in preparing for and 14 conducting the settlement conference. In order to facilitate a meaningful conference, your utmost candor 15 in responding to all of the above-listed questions is required. The settlement conference statement 16 will remain confidential. If this case does not settle, the settlement conference statement will not be 17 disclosed to the judge who ultimately presides over the trial. Each statement will be securely maintained 18 in my chambers, and will be destroyed following the conference. 19 20 In addition to the above requirements, the parties and counsel must be substantially prepared to meaningfully participate in the Settlement Conference in good faith. 21 FAILURE TO COMPLY WITH THE REQUIREMENTS SET FORTH IN THIS ORDER 22 WILL SUBJECT THE NON-COMPLIANT PARTY AND/OR COUNSEL TO SANCTIONS 23 UNDER FEDERAL RULE OF CIVIL PROCEDURE 16(f). 24 IT IS SO ORDERED. 25 DATED: July 25, 2017. 26 27 28 ______________________________________ Nancy J. Koppe United States Magistrate Judge 3

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