Aguirre v. Correction Corporation of America et al

Filing 62

AMENDED ORDER by Chief Magistrate Judge Carmen E. Garza setting Telephonic Status Conference and Settlement Conference. The Order is amended only as to the phone number for the Telephonic Status Conference set for 11/14/2018 at 02:00 PM. [Parties shall call Judge Garza's AT&T Teleconference line at [phone], follow the prompts, and enter the Access Code 7467959, to be connected to the proceedings.] A Settlement Conference is set for 11/28/2018 at 09:00 AM in Albuquerque - 421 Gold Ave. SW, 2nd Floor Conference Rooms 1 (203) and 2 (205), before Chief Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CHRISTOPHER AGUIRRE,
Plaintiff,
vs.

CV No. 17-1267 WJ/CG

CORRECTION CORPORATION
OF AMERICA, et al.,
Defendants.
AMENDED ORDER SETTING TELEPHONIC STATUS CONFERENCE
AND SETTLEMENT CONFERENCE
To facilitate a final disposition of this case, a mandatory settlement conference
will be conducted in accordance with Federal Rule of Civil Procedure 16(a)(5). The
conference will be held on Wednesday November 28, 2018, at 9:00 a.m. in
Conference Rooms 1 (203) and 2 (205) of the United States Historic Courthouse,
421 Gold Ave. SW, Albuquerque, New Mexico. A telephonic status conference will be
held on Wednesday, November 14, 2018, at 2:00 p.m. to discuss the parties’
positions.
IT IS HEREBY ORDERED that the parties and a designated representative,
other than counsel of record, with full authority to resolve the case, must attend in
person; counsel who will try the case must also attend in person. All attorneys and
parties involved in the settlement conference must treat as confidential the information
discussed, positions taken, and offers made by other participants in preparation for and
during the conference.1

1

This does not prohibit disclosures stipulated to by the parties, necessary in proceedings
to determine the existence of a binding settlement agreement, or as otherwise required by law.

IT IS FURTHER ORDERED that:
1. By October 26, 2018, Plaintiff’s counsel shall serve on defense counsel a
concise letter that sets forth a settlement demand itemizing the principle
supporting damages or other relief that plaintiff asserts would appropriately be
granted at trial.
2. By November 2, 2018, Defendant’s counsel shall serve on Plaintiff’s counsel
a concise letter that sets forth a response to the settlement demand.
3. By November 7, 2018, each party shall provide to the Court:
a. A copy of each letter that was sent to an opposing party;
b. A confidential, concise letter containing an analysis of the strengths
and weaknesses of its case; and
c. Any video or audio recordings of the incident upon which this action is
based.
These materials may be submitted to the Court by facsimile transmission to
[phone], or email to [e-mail].
4. Each of these letters typically should be 5 pages or fewer, and counsel will
ensure that each party reads the opposing party’s letter before the settlement
conference.
5. Before November 14, 2018, Counsel shall confer with one another about
their client’s respective positions.
6. On November 14, 2018, at 2:00 p.m. counsel shall call shall call Judge
Garza's AT&T Teleconference line at [phone], follow the prompts,
and enter the Access Code 7467959, for the telephonic status conference.
A party must show good cause to vacate or reschedule the settlement
conference. Any such request must provide the Court with sufficient notice to ensure
that other matters may be scheduled in the time allotted for the settlement conference.
IT IS SO ORDERED.

_____________________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE
2