Craig v. Amazon.com, Inc. et al

Filing 41

ORDER by Magistrate Judge Kevin R. Sweazea. Remote Settlement Conference via Zoom set for September 17,2025 at 09:00 AM. The Court will send out invitations for the Zoom proceedings to counsel of record and any pro se parties approximately one week before the settlement conference. Telephonic Status Conference set for July 23, 2025 at 09:00 AM. The parties are directed to call the Court's WebEx teleconference line at [phone], and enter Meeting Number 2300 989 9447# to join the status conference proceedings. Consult order for further details and deadlines. (ldm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ROICE CRAIG,
Plaintiff,
v.

No. 1:24-cv-482-MIS/KRS

AMAZON.COM, INC.,
Defendant.
ORDER SETTING SETTLEMENT CONFERENCE
AND STATUS CONFERENCE
To facilitate a final disposition of this case, the Court will conduct a mandatory settlement
conference in accordance with D.N.M.LR-Civ. 16.2. IT IS THEREFORE ORDERED that:
All parties and their lead trial counsel shall appear for a settlement conference on September
17, 2025 at 9:00 a.m. via Zoom. The Court will send out invitations for the Zoom proceedings to
counsel of record and any pro se parties approximately one week before the settlement conference. The
parties shall also appear for a telephonic status conference on July 23, 2025 at 9:00 a.m. to confirm
their readiness to participate in the settlement conference. The parties are directed to call the Court’s
WebEx teleconference line at [phone], and enter Meeting Number 2300 989 9447# to join the
status conference proceedings.
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

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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).
Experience teaches that settlement conferences are often unproductive unless the parties have
exchanged demands and offers before the conference and made a serious effort to settle the case on
their own. Accordingly, on or before August 22, 2025, Plaintiff’s counsel shall serve on defense
counsel a letter that sets forth at least the following information: (a) a brief summary of the evidence
and legal principles that Plaintiff asserts will establish liability; (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.
On or before August 29, 2025, defense counsel shall serve on Plaintiff’s counsel a letter that
sets forth at least the following information: (a) any points in Plaintiff’s letter with which the defense
agrees; (b) any points in Plaintiff’s letter with which the defense disagrees, with references to
supporting evidence and legal principles; and (c) a settlement offer. Defendant shall also include any
proposed form of release or settlement agreement with Defendant’s letter to opposing counsel.
If Defendant disagrees with the amount of special damages Plaintiff has claimed, Defendant’s
counteroffer must state the dollar amount Defendant believes to be correct for each category rather than
expressing general disagreement and dissatisfaction. For example, if Plaintiff claims $1,000 in past
medical expenses, and Defendant believes the correct amount of past medical expenses is $500,
Defendant’s letter must clearly state that Plaintiff’s past medical expenses amount to $500. If a dispute
about special damages exists, counsel shall: (1) meet in person or telephonically before the settlement
conference to try to resolve the dispute (an exchange of emails or correspondence is insufficient); and

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(2) if the dispute cannot be resolved, counsel must bring all documentation supporting their respective
positions on special damages to the conference.
Each of these letters typically should be five (5) or fewer pages, and counsel must ensure that
each settlement conference participant reads the opposing party’s letter before the settlement
conference. If settlement authority for Defendant is provided by a committee, Defendant must ensure
that the committee reviews Plaintiff’s letter before finalizing settlement authority. Those attending the
settlement conference and reviewing the letters exchanged must treat as confidential the information
discussed, positions taken, and offers made by other participants in preparation for and during the
conference.
On or before September 8, 2025, each party must provide the Court a concise, confidential
letter, and Plaintiff’s counsel shall provide the Court copies of the letters exchanged between the
parties. The parties’ confidential letters to the Court shall typically be no more than seven (7) pages
unless and shall contain a brief summary of the facts; analysis of the applicable law, including
evidentiary issues; strengths of the case; weaknesses of the case; status of discovery; identification of
any pending motions; an outline or itemization of damages or relief requested; status of settlement
negotiations to date; and the names of the individuals who will be attending the conference and in what
capacity. Plaintiff’s letter must include a discussion of the evidence supporting each of Plaintiff’s
causes of action, applied to the elements of each cause of action which Plaintiff is asserting. If
Defendant has raised affirmative defenses, Defendant’s letter must include the elements of those
defenses and a discussion of the evidence supporting each affirmative defense. These confidential
letters must not be a mere restatement of the letter served on opposing counsel. All matters
communicated to the Court in the confidential letter will be kept confidential, and will not be disclosed
to any other party, or to the trial judge. Once the Court reads the letters provided, it may speak with
counsel ex-parte if the Court needs additional information to assist in facilitating settlement.
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Further, if any party has video or audio recording(s) of the incident upon which this action is
based, that party must send the Court a copy of the recording(s) no later than September 8, 2025. The
parties shall submit their letters and other materials to the Court, preferably by e-mail,
([e-mail]), or, alternatively, by facsimile [phone], or by mail,
as long as the materials arrive by the above deadline. It is not necessary to send an original if a
document is sent by e-mail or facsimile.
At the settlement conference, all of the settlement conference participants will first meet
together to discuss procedures for the settlement conference. Counsel 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:
Telephonic Status Conference

July 23, 2025 at 9:00 a.m.

Plaintiff’s letter due to Defendant:

August 22, 2025

Defendant’s letter due to Plaintiff:

August 29, 2025

Confidential position papers (and any audio/video recordings)
due to the Court:

September 8, 2025

Zoom Settlement Conference:

September 17, 2025 at 9:00 a.m.

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SO ORDERED this 19th day of March 2025.
___________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

See Attachment (beginning on next page)
(SETTLEMENT CONFERENCE PREPARATION)

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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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