Westenberger v. Albertson's LLC

Filing 42

ORDER. Settlement Conference is hereby scheduled to commence 10/17/2019. Plaintiff must report to Magistrate Judge Weksler's chambers, Room 3071, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas, Nevada, at 8 :30 a.m. Defendant(s) must report to Magistrate Judge Weksler's chambers at 9:00 a.m. The confidential settlement statements shall be submitted to the undersigned Magistrate Judge in a sealed envelope marked confidential, no later than 4:00 p.m., October 10, 2019. Signed by Magistrate Judge Brenda Weksler on 7/30/2019. (Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JACKIE WESTENBERGER,

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Case No. 2:17-cv-02661-JAD-BNW
Plaintiff,

ORDER SCHEDULING A
SETTLEMENT CONFERENCE

v.
ALBERTSON’S LLC,
Defendant.

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Pursuant to the parties’ request for a settlement conference, and having conferred with

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chambers regarding availability, a settlement conference is hereby scheduled to commence

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October 17, 2019. Plaintiff must report to Magistrate Judge Weksler’s chambers, Room 3071,

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Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas, Nevada,

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at 8:30 a.m. Defendant(s) must report to Magistrate Judge Weksler’s chambers at 9:00 a.m.

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All counsel of record who will be participating in the trial and who have full authority to

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settle this case, all parties appearing pro se, if any, and all individual parties must be present.

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In the case of non-individual parties, counsel of record shall arrange for an officer or representative

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with binding authority to settle this matter up to the full amount of the claim or last demand made

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to be present for 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

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

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demand made must also be present for the duration of the settlement conference.

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A request for an exception to the above attendance requirements must be filed and served

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at least one week prior to the settlement conference. Counsel of record, individual parties, and a

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fully authorized representative shall appear in person unless the court enters an order granting a

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request for exception.
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PREPARATION FOR SETTLEMENT CONFERENCE

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

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original and one copy of the confidential settlement conference statement for the Court’s in

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camera review. The settlement conference statement shall contain the following:

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1. A brief statement of the nature of the action;

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

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information which documents your damages claim(s). Please attach to your statement

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any documents or exhibits which are relevant to key factual or legal issues, including

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selected pages from deposition transcripts or responses to other discovery requests.

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3. An analysis of the key issues involved in the litigation.

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4. 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

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evaluation of the merits of your case.

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5. A further discussion of the strongest and the weakest points in your opponent’s case,

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

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the strongest points of your case.

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6. The history of settlement discussion(s), if any, which details the demands and offers
which have been made, and the reasons they have been rejected.

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7. The settlement proposal that you believe would be fair.

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

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conclude this matter and stop the expense of litigation.

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The confidential settlement statements shall be submitted to the undersigned Magistrate

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Judge in a sealed envelope marked confidential, no later than 4:00 p.m., October 10, 2019. If

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hand-delivered by courier or runner, the envelope should be delivered to the intake window of the

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Clerk’s Office to be placed in the undersigned’s mailbox. If delivered by the U.S. Postal Service,

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Fed Ex, or UPS, packages may be addressed directly to Judge Weksler’s chambers, Room 3071.

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DO NOT 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

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and conducting the settlement conference. In order to facilitate a meaningful conference, your

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utmost candor in responding to all of the above-listed questions is required. The settlement

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statement will be seen by no one except the undersigned. If this case does not settle, the

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settlement conference statement will not be disclosed to the judge who ultimately presides over

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the trial. Each statement will be securely maintained in my chambers, and will be destroyed

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following the conference.

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Dated this 30th day of July, 2019.

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___________________________________
BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE 

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