Microsoft Corporation v. Pak et al

Filing 29

ORDER re 28 Order on Stipulation, Minute Order. Settlement documents are due by 10/12/2016, Settlement Conference set for 10/19/2016 09:30 AM in LV Chambers before Magistrate Judge Nancy J. Koppe. Signed by Magistrate Judge Nancy J. Koppe on 8/11/16. (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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MICROSOFT CORPORATION,
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Plaintiff(s),
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vs.
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JULIANNA PAK, et al.,
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Defendant(s).
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Case No. 2:16-cv-00452-GMN-VCF
ORDER

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On August 10, 2016, Chief United States District Judge Gloria M. Navarro referred this case to

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the undersigned to set a settlement conference. Docket No. 28. The Court SETS a settlement

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conference to commence at 9:30 a.m. on October 19, 2016, in the chambers of the undersigned

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Magistrate Judge, Third Floor, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard

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South, Las Vegas, Nevada.1
Unless ordered otherwise, the following individual(s) are required to be present in person for

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the duration of the settlement conference:

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1.

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

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2.

All parties appearing pro se;

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3.

All individual parties;

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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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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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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
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In preparation for the settlement conference, each party shall submit a confidential settlement
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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
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need 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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5.

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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6.

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

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motions pending before the Court.
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7.

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 October 12, 2016. DO NOT

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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

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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 statement

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

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maintained 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: August 11, 2016

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______________________________________
Nancy J. Koppe
United States Magistrate Judge

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