Moldt v. NGM Insurance Company

Filing 32

ORDER Rescheduling Settlement Conference. Settlement Conference reset for 2/1/2018 at 09:00 AM in LV Chambers before Magistrate Judge George Foley Jr. The settlement conference statements shall be received in my chambers - Room 3099 - not later than 1/25/18. Signed by Magistrate Judge George Foley, Jr on 11/30/2017. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 LARRY MOLDT, ) ) Plaintiffs, ) ) vs. ) ) NGM INSURANCE COMPANY, ) ) Defendants. ) __________________________________________) Case No.: 2:16-cv-02828-JAD-VCF ORDER RESCHEDULING A SETTLEMENT CONFERENCE 13 14 A settlement conference is hereby rescheduled to commence at 9:00 a.m. on February 1, 15 2018, in the chambers of the undersigned United States Magistrate Judge, Room 3099, Lloyd D. 16 George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas, Nevada. 17 All counsel of record who will be participating in the trial and who have full authority to 18 settle this case, and all parties appearing pro se, if any, and all individual parties must be present. 19 In the case of non-individual parties, counsel of record shall arrange for an officer or representative 20 with binding authority to settle this matter up to the full amount of the claim or last demand made to 21 be present for the duration of the conference. 22 If any party is subject to coverage by an insurance carrier, then a representative of the 23 insurance carrier with authority to settle this matter up to the full amount of the claim or last demand 24 made must also be present for the duration of the settlement conference. 25 A request for an exception to the above attendance requirements must be promptly 26 filed and served on all parties, however, no later than at least fourteen (14) days prior to the 27 settlement conference. Counsel of record, individual parties, and a fully-authorized 28 representative shall appear in person unless the court enters an order granting a request for 1 exception. 2 PREPARATION FOR SETTLEMENT CONFERENCE 3 In preparation for the settlement conference, the attorneys for each party shall submit a 4 confidential settlement conference statement for the Court’s in camera review. If attached exhibits 5 are voluminous, they should be separately tabbed. Failure to do so may result in the 6 documents being returned with the requirement that they be properly tabbed. The settlement 7 conference statement shall contain the following: 8 1. A brief statement of the nature of the action. 9 2. A concise summary of the evidence that supports your theory of the case, including 10 information which documents your damages claims. Please attach to your statement any documents 11 or exhibits which are relevant to key factual or legal issues, including selected pages from deposition 12 transcripts or responses to other discovery requests. 13 3. An analysis of the key issues involved in the litigation. 14 4. A discussion of the strongest points in your case, both legal and factual, and a frank 15 discussion of the weakest points as well. The Court expects you to present a candid evaluation of 16 the merits of your case. 17 5. A further discussion of the strongest and the weakest points in your opponent’s case, 18 but only to the extent that they are more than simply the converse of the weakest and the strongest 19 points in your case. 20 21 6. The history of settlement discussion, if any, which have occurred in this case. Please detail the demands and offers which have been made, and the reasons they have been rejected. 22 7. The settlement proposal that you believe would be fair. 23 8. The settlement proposal that you would honestly be willing to make in order to 24 25 conclude this matter and stop the expense of litigation. The settlement conference statements shall be received in my chambers - Room 3099 - not 26 later than January 25, 2018. DO NOT SERVE A COPY ON OPPOSING COUNSEL. DO 27 NOT DELIVER OR MAIL COPIES TO THE CLERK’S OFFICE. 28 The purpose of the statement is to assist the undersigned Magistrate Judge in preparing for 2 1 and conducting the settlement conference. In order to facilitate a meaningful conference, your 2 utmost candor in responding to all of the above-listed questions is required. The settlement 3 conference statement will be seen by no one except the undersigned. If this case does not settle, 4 the settlement conference statement will not be disclosed to the judge who ultimately presides over 5 the trial. Each statement will be securely maintained in my chambers, and will be destroyed 6 following the conference. 7 DATED this 30th day of November, 2017. 8 9 10 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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