Hern v. MGA Insurance Company, Inc.

Filing 13

ORDER Setting Zoom Settlement Conference for 10/14/2021 at 09:00 AM to be conducted via Zoom by Chief Magistrate Judge Carmen E. Garza. (ke)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
YVETTE HERN,
Plaintiff,
v.

No. CV 21-352 JCH/CG

MGA INSURANCE COMPANY, INC.,
Defendant.
ORDER SETTING ZOOM 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). Pursuant
to the parties’ request, the Court will hold the upcoming settlement conference via
Zoom.
The conference will be held on October 14, 2021, at 9:00 a.m. A telephonic
status conference will be held on October 5, 2021, at 1:30 p.m., to discuss the parties’
positions, as set forth in the Court’s Order Setting Telephonic Pre-Settlement Status
Conference, (Doc. 12).
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 via
Zoom; counsel who will try the case must also attend via Zoom. 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

IT IS FURTHER ORDERED that:
1. By September 14, 2021, Plaintiff’s counsel shall serve on Defendant’s
counsel a concise letter that sets forth a settlement demand itemizing the
principal supporting damages or other relief that Plaintiff assert would
appropriately be granted at trial.
2. By September 21, 2021, Defendant’s counsel shall serve on Plaintiff’s
counsel a concise letter that sets forth a response to the settlement demand.
3. By September 28, 2021, 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.
d. This letter should also contain the email addresses and phone
numbers for all participants in the settlement conference. This
contact information will be used to send the invitation to attend
the settlement conference via Zoom.
These materials may be submitted to the Court by email:
[e-mail]
4. Each of these letters typically should be five (5) pages or fewer, and counsel
will ensure that each party reads the opposing party’s letter before the
settlement conference.
5. Before October 5, 2021, counsel shall confer with one another about their
clients’ respective positions.
6. On October 5, 2021, at 1:30 p.m., counsel shall call Judge Garza’s AT&T
line at [phone], follow the prompts, and enter access code 7467959,
for a pre-settlement 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

otherwise required by law.
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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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