Salazar v. Target Corporation

Filing 38

ORDER Settlement Conference set for Wednesday 1/8/2020 at 9:00 AM in LV Chambers, Room 4068, before Magistrate Judge Elayna J. Youchah. Settlement conference statements due in chambers by 4:00 p.m. on Monday, December 30, 2019. Signed by Magistrate Judge Elayna J. Youchah on 11/13/2019. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT 1 DISTRICT OF NEVADA 2 *** 3 4 MARIA SALAZAR, an individual, Plaintiff, 5 v. 6 7 8 Case No. 2:18-CV-01039-MMD-EJY ORDER SETTING SETTLEMENT CONFERENCE TARGET CORPORATION, a foreign corporation; DOE Individuals 1-10; DOE Employees 11-20; and ROE Corporations 2130, 9 Defendants. 10 11 This matter was referred to the undersigned Magistrate Judge for a settlement conference. 12 (ECF No. 37). A settlement conference is set for Wednesday, January 8, 2020. Plaintiff must 13 report to the chambers of the undersigned United States Magistrate Judge, Room 4068, 333 Las 14 Vegas Boulevard South, Las Vegas, Nevada, at 9:00 a.m. Defendant must report to the chambers 15 of the undersigned at 9:30 a.m. 16 17 Unless the Court orders otherwise, the following individual(s) must be present in person for the duration of the settlement conference: 18 1. 19 to settle this case; 20 2. All parties appearing pro se; 21 3. All individual parties; 22 4. In the case of non-individual parties, an officer or representative with binding 23 24 25 26 27 28 An attorney of record who will be participating in the trial and who has full authority authority to settle this matter up to the full amount of the claim or last demand made; and 5. 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. 1 PREPARATION FOR SETTLEMENT CONFERENCE 2 In preparation for the settlement conference, each party must submit a confidential settlement 3 conference statement for in camera review. The confidential settlement conference must be flat, 4 unfolded, firmly bound together at the top either by staple or ACCO bound, and not in any 5 plastic binder. 6 The statement must contain the following: 7 1. A brief statement of the nature of the action. 8 2. A concise summary of the evidence that supports your theory of the case, including 9 the names of individuals disclosed pursuant to Rule 26(a)(1)(A)(i), the Rule 26(a)(1)(A)(iii) 10 computation of damages, and the Rule 26(a)(1)(A)(iv) insurance information. Each party must 11 provide all information that documents or supports your damages claims. Copies of medical records 12 or treatment records need not be submitted; however, these must be provided in a table or summary 13 format. 14 3. Attach to the statements submitted any documents or exhibits that are relevant to key 15 factual or legal issues, including selected pages from deposition transcripts or responses to other 16 discovery requests. 17 4. Provide an analysis of the key issues involved in the litigation. The analysis must 18 include a discussion of the strongest points in your case, both legal and factual, and a frank discussion 19 of the weakest points as well. The Court expects the parties to present a thorough analysis of the 20 key issues and candid evaluation of the merits of your case. 21 22 23 5. Identify and explain any obstacles to settlement, e.g. medical liens, statutory caps, or motions pending before the court. 6. Provide the history of settlement discussions, if any, which have occurred in this case. 24 Provide any demands, offers, or offers of judgment that have been made and, if applicable, the 25 reasons they have been rejected. Attach a copy of all settlement correspondence, including all 26 written demands or offers and responses to the offers. 27 28 2 1 7. Provide the initial settlement proposal that will be presented at the settlement 2 conference with a justification for any monetary amount. The proposal must include any non- 3 monetary settlement terms that will be presented. 4 8. The parties are encouraged, but not required, to exchange non-confidential portions 5 of the settlement conference statements before the scheduled conference. The Court has found the 6 exchange of statements beneficial for purposes of settlement discussion. 7 The settlement conference statements must be delivered to chambers by 4:00 p.m. on 8 Monday, December 30, 2019. Do not serve a copy on opposing counsel. Do not deliver or mail 9 copies to the clerk’s office. 10 The purpose of the statement is to assist the undersigned Magistrate Judge in preparing for 11 and conducting the settlement conference. To facilitate a meaningful conference, your utmost 12 candor in responding to all of the above-listed questions is required. The settlement conference 13 statement will remain confidential. If this case does not settle, the settlement conference statement 14 will not be disclosed to the Judge who will preside over the trial. Each statement will be securely 15 maintained in my chambers and will be destroyed following the conference. 16 17 Failure to comply with the requirements set forth in this order will subject the non-compliant party to sanctions under Federal Rule of Civil Procedure 16(f). 18 19 DATED: November 13, 2019 20 21 22 ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 3

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