Joshi Technologies International, Inc. v. Chi Operating, Inc.

Filing 144

ORDER by Chief Magistrate Judge Carmen E. Garza. A Telephonic Status Conference is set for 10/10/2019 at 2:00 PM before Chief Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's AT&T Teleconference l ine at [phone], follow the prompts, and enter access code 7467959, to be connected to the proceedings.] A Settlement Conference is set for 10/24/2019 at 9:00 AM in Las Cruces - 460 Organ Courtroom (South Tower) before Chief Magistrate Judge Carmen E. Garza. (ag)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSHI TECHNOLOGIES
INTERNATIONAL, INC.,
Plaintiff,
v.

No. CV 15-467 KG/CG

CHI ENERGY, INC.,
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
settlement conference will be held on Thursday, October 24, 2019, at 9:00 a.m, in the
Organ Courtroom, United States District Courthouse, 100 N. Church St., Las
Cruces, New Mexico. A telephonic status conference will be held on Thursday,
October 10, 2019, 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 September 18, 2019, Plaintiff’s counsel shall serve on Defendants’
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 September 25, 2019, Defendants’ counsel shall serve on Plaintiff’s
counsel a concise letter that sets forth a response to the settlement demand.
3. By October 2, 2019, 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,
[phone], or 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 10, 2019, counsel shall confer with one another about their
clients’ respective positions.
6. On October 10, 2019, at 2:00 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
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