Primerica Life Insurance Company v. Montoya et al

Filing 28

ORDER by Chief Magistrate Judge Carmen E. Garza. A Telephonic Status Conference is set for 6/7/2018 at 02:00 PM before Chief Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's Meet Me line at 505.348.2 693 to be connected to the proceedings.] This line can only accommodate up to five telephone lines, including the Court's; if the parties anticipate that they will exceed this capacity, they must contact the Court immediately so that alternative arrangements may be made. A Settlement Conference is set for 6/15/2018 at 09:00 AM in Albuquerque, New Mexico (courtroom to be set by separate order) before Chief Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
PRIMERICA LIFE INSURANCE COMPANY,
Plaintiff,
v.

CV No. 18-109 JCH/CG

CYNTHIA MONTOYA, BIANCA TRUJILLO,
and HERITAGE MEMORIAL FUNDING, LLC,
Defendants.

HERITAGE MEMORIAL FUNDING, LLC, and
BIANCA TRUJILLO,
Cross-Claimants,
v.
CYNTHIA MONTOYA,
Cross-Defendant.
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 Friday, June 15, 2018, at 9:00 a.m. in Albuquerque, New
Mexico (courtroom to be assigned at a later date). A telephonic status conference will
be held on Thursday, June 7, 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.
However, Defendant Heritage Memorial Funding is not required to have a representative
attend the settlement conference in person, but must have a representative available by

telephone for the duration of the settlement conference. Counsel who will try the case,
including counsel for Defendant Heritage Memorial Funding, 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
IT IS FURTHER ORDERED that:
1. By May 17, 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 May 24, 2018, Defendant’s counsel shall serve on Plaintiff’s counsel a
concise letter that sets forth a response to the settlement demand. Defendant’s
counsel shall also serve on Third Party Defendant’s counsel a concise letter
that sets forth a settlement demand itemizing the principle supporting damages
or other relief that Defendant asserts would appropriately be granted at trial.
3. By May 31, 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
(575.528.1675), or email ([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 June 7, 2018, Counsel shall confer with one another about their client’s
respective positions.

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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.

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6. On June 7, 2018, at 2:00 p.m. Counsel shall call Judge Garza’s “Meet Me” line
at 505.348.2693 for a 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

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