Urioste v. Corizon and Centurion Health Care Providers et al

Filing 117

ORDER by Magistrate Judge Kevin R. Sweazea. Settlement Conference set for July 14, 2022 at 09:00 AM via Zoom. Consult Order for associated deadlines. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSHUA URIOSTE,
Plaintiff,
vs.

No. 1:16-CV-755 JCH/KRS

CORIZON AND CENTURION
HEALTH CARE PROVIDERS, et al.,
Defendants.
ORDER SETTING SETTLEMENT CONFERENCE
The presiding judge has referred the remaining claims in this case to the undersigned to
conduct any necessary proceedings to recommend to the Court an ultimate disposition of the
claims. (Doc. 114). These remaining claims are that Defendant Palomino retaliated against
Plaintiff in violation of Plaintiff’s Eighth Amendment rights in two ways: (1) by calling Plaintiff
a “rat” on June 14, 2016 in front of other prisoners due to Plaintiff filing a grievance against
Defendant Palomino; and (2) by spraying mace in Plaintiff’s cell on April 20, 2016 in response
to Plaintiff requesting medical attention. See (Doc. 73) at 34-41. To facilitate a final disposition
of this case, the Court will conduct a settlement conference in accordance with D.N.M.LR-Civ.
16.2. IT IS THEREFORE ORDERED that:
Plaintiff and counsel for Defendants shall appear for a settlement conference by Zoom on
July 14, 2022 at 9:00 a.m. The Court will send out invitations for the Zoom proceedings
approximately one week before the settlement conference. The United States Marshal shall
coordinate with the appropriate personnel in the correctional facility in which Plaintiff is
currently housed to allow Plaintiff to appear by Zoom at this settlement conference. The
settlement conference is anticipated to last no more than 3 hours.

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At the settlement conference, an insured party or an uninsured corporate party shall
appear by a representative with full and final authority to discuss and enter into a binding
settlement (this requirement cannot be satisfied by hiring a local representative if the appropriate
representative resides in another state). See D.N.M.LR-Civ. 16.2(c). A party’s personal
presence increases the efficiency and effectiveness of the process by reducing the time for
communication of offers and expanding the ability to explore options for settlement. A party’s
request to be excused must be made in writing seven (7) calendar days before the conference.
See D.N.M.LR-Civ. 16.2(d).
On or before June 20, 2022, Plaintiff shall send the Court a concise letter (typically no
more than five (5) pages) that includes the following information: (a) a brief summary of the
facts and evidence that may establish liability for the remaining claims; (b) a brief explanation of
why damages or other relief appropriately would be granted at trial; (c) an itemization of any
claimed damages, including any special damages—i.e., damages for pecuniary losses, such as
past medical expenses, lost wages, or property damages—that states the exact dollar amount
Plaintiff is claiming for each category; and (d) a settlement demand. The Court will provide a
copy of this letter to counsel for Defendants.
On or before July 6, 2022, defense counsel shall send the Court a concise letter
(typically no more than five (5) pages) that sets forth at least the following information: (a) a
brief summary of the facts and analysis of the applicable law and evidentiary issues; (b) any
points in Plaintiff’s letter with which the defense agrees; (c) any points in Plaintiff’s letter with
which the defense disagrees, with references to supporting evidence and legal principles; (d) a
settlement offer; and (e) the names of the individuals who will be attending the conference and in
what capacity.

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All matters communicated to the Court in the letters will not be disclosed to the trial
judge. Once the Court reads the letters provided, it may speak with the parties ex-parte if the
Court needs additional information to assist in facilitating settlement. These letters shall be
submitted to the Court by e-mail to [e-mail], or, alternatively,
by facsimile [phone], or by mail, as long as the materials arrive by the above deadlines.
At the settlement conference, all of the settlement conference participants will first meet
together to discuss procedures for the settlement conference. The parties will not be required or
permitted to give opening statements during the initial meeting with the Court and the other
settlement conference participants. Upon the conclusion of the initial meeting, separate,
confidential caucuses will be held by the Court with each party and the party’s representative.
Counsel and parties should be prepared to discuss the factual and legal details of their cases.
Attached is an outline for counsel to review with their clients before the settlement conference to
make the best use of the time allotted.
IN SUMMARY:
Plaintiff’s letter due to the Court:

June 20, 2022

Defendants’ letter due to the Court:

July 6, 202

Settlement Conference:

July 14, 2022 at 9:00 a.m.

___________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

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SETTLEMENT CONFERENCE PREPARATION
Experience shows that in negotiations the party who is best prepared usually obtains the best result.
Settlement conferences can be more efficient and productive if all parties and counsel are prepared.
The following are some areas to consider to aid in the effectiveness of this settlement conference.
A.

B.

C.

FORMAT
1.

Parties with ultimate settlement authority must be personally present.

2.

The Court will privately caucus with each side in a typical mediation format. The
judge may address your client directly.

3.

Although the Court will typically meet with both sides in the courtroom together to
go over ground rules at the beginning of the conference, there will be no opening
statements or other discussions of the merits of any party’s claims or defenses
during that initial meeting.

ISSUES
1.

What issues (in and outside of this lawsuit) need to be resolved? What are the
strengths and weakness of each issue? What is your most persuasive argument?

2.

What remedies are available resulting from this litigation or otherwise?

3.

Is there any ancillary litigation pending/planned that affects the value of the case?

4.

Do you have enough information to value the case? If not, how are you going to
get more information before the conference?

5.

Do attorney’s fees or other expenses affect settlement? Have you communicated
any lack of information to the opposing side?

AUTHORITY
1.

Are there outstanding liens? Have you verified amounts and whether they are
negotiable? Do you need to include a representative of the lien holder? If so,
contact the Court immediately.

2.

Is there valid insurance coverage? In what amount? If coverage is at issue, or the
amount/type affects the settlement value, have you notified the other side? Do you
need to include a representative from more than one insurance company/carrier? If
so, notify the Court immediately.

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D.

E.

NEGOTIATIONS
1.

Where have your last discussions ended?

2.

Can you have any discussions before the settlement conference to make it proceed
more efficiently?

3.

With what value do you want to end? Why? Have you discussed this valuation with
your client? Is it significantly different from values you have placed on this case at
other times?

4.

Is there confidential information that affects case value? Why should it not be
disclosed? How can the other side be persuaded to change values if that party
doesn’t have this information?

5.

What happens if you don’t settle the case at the conference? What is your best
alternative to a negotiated settlement? Why?

CLOSING
1.

If settlement is reached, do you want it on the record?

2.

Have you discussed settlement formats with your client? Does the client understand
structured settlements, annuities, and Rule 68 offers to compromise?

3.

How soon could checks/closing documents be received?

4.

If settlement is not reached, and further discovery is needed, what is your plan for
continued settlement discussions? Do you want Court involvement in these talks?

5.

If settlement is not reached, please be prepared to discuss settlement again at the
Final Pretrial Conference.

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