Shultzaberger v. Hall et al

Filing 68

ORDER by Chief Magistrate Judge Carmen E. Garza. A Telephonic Status Conference is set for 11/1/2018 at 03:00 PM before Chief Magistrate Judge Carmen E. Garza. [Parties shall call Judge Garza's Meet Me line at (505) 3 48-2693 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 11/9/2018 at 09:00 AM in Albuquerque - 421 Gold, 2nd Floor Conference Rooms 1 (203) and 2 (205) before Chief Magistrate Judge Carmen E. Garza. (ag)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
STEVE P. SHULTZABERGER,
Plaintiff,
v.

CV No. 17-1028 KRS/CG

HALL, et al.,
Defendants.
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 November 9, 2018, at 9:00 a.m., in the Organ Courtroom
of the United States Courthouse, 100 N. Church Street, Las Cruces, New Mexico.
A telephonic status conference will be held on November 1, 2018, at 3:00 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

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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.

IT IS FURTHER ORDERED that:
1. By October 25, 2018, Plaintiff’s counsel shall serve on both Defendants’
counsel and the Court 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 October 29, 2018, Defendants’ counsel shall serve on both Plaintiff’s
counsel and the Court a concise letter that sets forth a response to the
settlement demand.
3. By October 30, 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,
[phone], or email, [e-mail]. These letters
may be filed in an abbreviated format.
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 November 1, 2018, Counsel shall confer with one another about their
clients’ respective positions.
6. On November 1, 2018 at 3:00 p.m., Counsel shall call Judge Garza’s “Meet
Me” line at [phone] 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.

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IT IS SO ORDERED.

THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE

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