New Penn Financial, LLC v. Riverwalk Ranch Master Homeowners Association et al

Filing 84

ORDER Settlement Conference reset for 8/24/2020 at 10:00 AM in LV Courtroom 3A by videoconference before Magistrate Judge Daniel J. Albregts. The written settlement statements must be submitted by email to [e-mail] by noon on Monday, August 17, 2020. Signed by Magistrate Judge Daniel J. Albregts on 7/22/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02167-APG-DJA Document 84 Filed 07/22/20 Page 1 of 4

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NEW PEN FINANCIAL, LLC, et al.,

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Case No. 2:17-cv-02167-APG-DJA

Plaintiffs,
ORDER RESETTING SETTLEMENT
CONFERENCE

v.
RIVERWALK RANCH MASTER
HOMEOWNERS ASSOCIATION, et al.
Defendants.

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A settlement conference is hereby reset for Monday, August 24, 2020 at 10:00 a.m. In
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light of recent health events, the Settlement Conference will be conducted remotely via Zoom
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video, with an email containing a link to the conference being provided to the attending parties
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the morning of the conference.
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NOTE: SIGNIFICANT CHANGES TO THE COURT’S SCHEDULING ORDER
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ARE LISTED BELOW.
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The following requirements for the SC apply:
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1. Attendance
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An attorney of record who will be participating in the trial of this case, all parties

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appearing pro se, if any, and all individual parties must be present.
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In the case of non-individual parties, counsel must arrange for a representative

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with binding authority to settle this matter up to the full amount of the claim to be
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present for the duration of the SC.
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Case 2:17-cv-02167-APG-DJA Document 84 Filed 07/22/20 Page 2 of 4

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If any party is subject to coverage by an insurance carrier, then a representative of

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the insurance carrier with authority to settle this matter up to the full amount of the

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claim must also be present for the duration of the SC.
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authority to settle this matter up to the full amount of the claim is not present.

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order granting a request for exception.

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2. Time Limit
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An attorney of record, individual parties, a fully-authorized representative, and a
fully-authorized insurance representative must appear unless the court enters an

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A request for an exception to the above attendance requirements must be filed and
served on all parties at least 14 days before the SC.

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The Court will impose sanctions to the extent a representative with binding

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The SC will be limited to three (3) hours.

Request to Reschedule
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Any requests to reschedule the SC must be submitted at least ten (10) days in

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advance of the scheduled date and provide a detailed reason for the request. Such

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requests must include at least five alternative dates on which all required

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participants are available to attend the SC. The parties must meet and confer on

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such dates prior to the filing of the request. If the request is not filed as a

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stipulation, any response must be filed three days after service of the request.

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4. Settlement Conference Statement
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In preparation for the SC, the attorneys for each party, and the parties appearing

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pro se, if any, must submit a confidential written evaluation statement for the

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court’s in camera review.

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The evaluation statement must comply with Local Rule 16-6(f).

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In addition to the information required by LR 16-6, the following information

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must be contained in the SC Statement:

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o The first paragraph must contain the names, titles and email addresses of

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ALL attendees along with a statement of their limit(s), if any, to settle.
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Case 2:17-cv-02167-APG-DJA Document 84 Filed 07/22/20 Page 3 of 4

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o The entire SC Statement must not exceed 50 pages – including exhibits.

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The more concise the writing and more focused the exhibits, the better the

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undersigned will be served in understanding the case.
o The exhibits should not include any items available on the docket – citation

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to the ECF No. will suffice.

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o If the exhibits include deposition transcripts, then they should only be

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excerpts with highlights on the specific statements you seek to underscore.

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o History of settlement negotiations, if any, prior to the SC.

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o The final paragraph must contain the opening offer or demand you will
make at the SC with supporting explanation.

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The written settlement statements must be submitted by email to

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[e-mail] by noon on Monday, August 17, 2020.

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Do not deliver or mail them to the clerk’s office. Do not serve a copy on opposing

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counsel.

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The purpose of the settlement statement is to assist the undersigned in preparing

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for and conducting the SC. To facilitate a meaningful session, your utmost candor

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in providing the requested information is required.

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The written settlement statements will not be seen by or shared with the district

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judge or magistrate judge to whom this case is assigned. The settlement

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statements will be seen by no one except the undersigned and his staff.

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following the closure of the case.

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Each statement will be securely maintained in my chambers and will be destroyed

5. Sanctions
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Failure to comply with the requirements set forth in this order will subject the non-

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compliant party to sanctions under Local Rule IA 11-8 or Federal Rule of Civil

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Procedure 16(f).

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Case 2:17-cv-02167-APG-DJA Document 84 Filed 07/22/20 Page 4 of 4

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6. Electronic Devices
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RECORDING THE SC PROCEEDINGS IS EXPRESSLY PROHIBITED.

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Electronic devices are permitted and may be viewed while the Court is caucusing

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with the other parties.

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Pre-SC Conference Call
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The Court is willing to conduct a joint conference call with counsel for the parties

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prior to the SC if the parties feel issues should be addressed/discussed prior to

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convening. The parties should submit a joint written request to chambers if a

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conference call is requested.

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DATED: July 22, 2020.

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DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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