Fisher v. Target Corporation et al

Filing 36

ORDER Scheduling a Settlement Conference for 4/5/2019 at 10:00 AM in LV Chambers - Suite 3005 before Magistrate Judge Cam Ferenbach. The settlement conference statements shall be received in LV Chambers - Suite 3005 not later than 4:00 PM on 3/29/2019. DO NOT SERVE A COPY ON OPPOSING COUNSEL. DO NOT DELIVER OR MAIL COPIES TO THE CLERKS OFFICE. Signed by Magistrate Judge Cam Ferenbach on 2/11/2019. (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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***

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NANNETTE FISHER,
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Plaintiff,
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Case No. 2:17-cv-02099-MMD-VCF

vs.
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TARGET CORPORATION,

ORDER SCHEDULING A SETTLEMENT
CONFERENCE

Defendant.
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Pursuant to a referral by the Honorable Miranda M. Du, United States District Judge, a settlement
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conference is hereby scheduled to commence at 10:00 a.m., April 5, 2019, in the chambers of the
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undersigned United States Magistrate Judge, Cam Ferenbach, located on the third floor of the Lloyd D.
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George United States Courthouse, 333 Las Vegas Boulevard South, Ste. 3005, Las Vegas, Nevada.
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All principal counsel of record who will be participating in the trial and who have full authority
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to settle this case, all parties appearing pro se, if any, and all individual parties must be present. In the
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case of non-individual parties, counsel of record shall arrange for an officer or representative with binding
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authority to settle this matter up to the full amount of the claim or most recent demand to be present for
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the duration of the conference.
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If any party is subject to coverage by an insurance carrier, then a representative of the insurance
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carrier with authority to settle this matter up to the full amount of the claim or most recent demand must
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also be present for the duration of the settlement conference. This representative must be the adjuster
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primarily responsible for the claim or an officer with supervisory authority over that adjustor. Third party
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administrators do not qualify.
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A request for an exception to the above attendance requirements must be filed and served at least
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three weeks prior to the settlement conference. Counsel of record, individual parties, and a fully
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authorized representative shall appear in person unless the court enters an order granting a request for

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exception.
PREPARATION FOR SETTLEMENT CONFERENCE

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In preparation for the settlement conference, the attorneys for each party shall submit a

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confidential settlement conference statement for the Court’s in camera review. The settlement conference

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statement shall contain the following:

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1.

Identify, by name or status the person(s) with decision-making authority, who, in

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addition to counsel, will attend the settlement conference as representative(s) of the party, and persons

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connected with a party opponent (including an insurer representative) whose presence might substantially

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improve the utility of the settlement conference or the prospects of settlement;

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2.

A brief statement of the nature of the action.

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3.

A concise summary of the evidence that supports your theory of the case, including

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information which documents your damages claims. Please attach to your statement any documents or

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exhibits which are relevant to key factual or legal issues, including selected pages from deposition

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transcripts or responses to other discovery requests.

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4.

An analysis of the key issues involved in the litigation.

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5.

A discussion of the strongest points in your case, both legal and factual, and a frank

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discussion of the weakest points as well. The Court expects you to present a candid evaluation of the

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merits of your case.

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6.

A further discussion of the strongest and the weakest points in your opponent’s

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case, but only to the extent that they are more than simply the converse of the weakest and the strongest

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points in your case.

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7.

The history of settlement discussion, if any, which details the demands and offers

which have been made, and the reasons they have been rejected.
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The settlement proposal that you believe would be fair.

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The settlement proposal that you would honestly be willing to make in order to

conclude this matter and stop the expense of litigation.

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The settlement conference statements shall be received in my chambers (U.S. Magistrate Judge

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Cam Ferenbach, located on the third floor at 333 Las Vegas Boulevard South, Ste. 3005, Las Vegas,

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Nevada) - not later than 4:00 p.m., March 29, 2019. DO NOT SERVE A COPY ON OPPOSING

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COUNSEL. DO NOT DELIVER OR MAIL COPIES TO THE CLERK’S OFFICE.

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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 statement will be seen by

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no one except the undersigned. If this case does not settle, the settlement conference statement will not

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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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DATED this 11th day of February, 2019.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE