Flynn v. Hanks et al
Filing
21
ORDER by Magistrate Judge Damian L. Martinez. Settlement Conference set for 5/5/2025 at 09:30 AM in Remote via Zoom before Magistrate Judge Damian L. Martinez. (al)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DAKOTA FLYNN,
Plaintiff,
v.
Case No. 2:24-cv-1076 KG/DLM
REBECCA HANKS, and
4 ELEMENTS OILFIELD SERVICES, LLC,
Defendants.
ORDER SETTING SETTLEMENT CONFERENCE
IT IS ORDERED that all parties and their lead trial counsel shall appear before me,
remotely by Zoom, on May 5, 2025, at 9:30 a.m. MDT to participate in a settlement conference
pursuant to Federal Rule of Civil Procedure 16(a)(5). 1 To join the Zoom conference, use the
following connection info, URL: https://nmd-uscourts.zoomgov.com/j/1614392614; Meeting
ID: 161 439 2614; Passcode: 140647. 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.2
This requirement cannot be satisfied by sending a local representative if the appropriate
representative resides in another state. Nor can it be satisfied by sending a corporate representative
who must still seek final authority from other corporate personnel not present at the conference.
See D.N.M. LR-Civ. 16.2(c).
A party’s personal appearance is intended to increase the efficiency and effectiveness of
the settlement conference by reducing the time for communication of offers and expanding the
1 As this settlement conference is an official court proceeding, neither counsel nor client(s) nor corporate
representative(s) should make travel arrangements that require them to leave the settlement conference until after the
Court declares the settlement conference is at an end.
2 A government agency satisfies this requirement if its representative in attendance has, to the greatest extent feasible,
authority to settle, and is knowledgeable about the facts of the case, the government agency’s position, and the
procedures and policies under which the agency decides whether to accept proposed settlements.
ability to explore options for settlement.3 A party’s request to be excused must be made in writing
five calendar days before the conference. See D.N.M. LR-Civ. 16.2(d).4
By March 28, 2025, Plaintiff’s5 counsel shall send 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 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—in the exact dollar amount Plaintiff is claiming for each category; and (d) a settlement
demand.
By April 4, 2025, Defendants’ counsel shall send Plaintiff’s counsel a letter setting 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 Defendants disagrees, with references to supporting
evidence and legal principles; and (c) a settlement offer. If a release or a settlement agreement
is contemplated, defense counsel shall include a proposed form of release with the
counteroffer.6 If Defendants disagree with the amount of special damages Plaintiff has claimed,
Defendants’ counteroffer must state the dollar amount Defendants believe to be correct for each
3 Should a party require language translation or interpreting services, such services must be provided by the party
and/or counsel at their expense. The Court does not provide such services in civil cases.
4 Counsel must also confer to identify any nonparties who have an interest in the case, including but not limited to
primary and excess liability insurance carriers, subrogees, and lienholders. Counsel must then provide written notice
(with a copy to the Court) to all such interested nonparties informing them of the date, time, and location of the
settlement conference, and that their participation is strongly encouraged.
5 The words “plaintiff” and “defendant” include the plural form of the words if the case involves multiple plaintiffs
and/or defendants. The attorney for each plaintiff and defendant must comply with the terms of this order. If an
attorney represents more than one plaintiff or defendant, the attorney must comply with the terms of this order with
respect to each of his/her clients.
6 If there are disputes about the language of the release or the settlement agreement, the parties are ordered to alert
the Court to the disputes in their confidential letters that are described infra.
2
category. For example, if Plaintiff claims $1,000 in past medical expenses, and Defendants believe
the correct amount of past medical expenses is $500, Defendants’ letter must clearly state that
Plaintiff’s past medical expenses amount to $500. It is insufficient to merely say, “Defendants
disagree that Plaintiff has $1,000 in past medical expenses.”
These letters typically should not exceed five pages, and counsel must ensure that each
participant reads the opposing party’s letter before the settlement conference. If settlement
authority for Defendants is provided by a committee, Defendants must ensure that the
committee reviews Plaintiff’s letter before finalizing settlement authority. Those attending the
conference or reviewing the letters exchanged must treat as confidential the information discussed
and offers made by other participants before and during the conference.7
By April 11, 2025, Plaintiff’s counsel shall provide me copies of the letters exchanged
between the parties. In addition, each party must provide me, in confidence, a letter (typically no
more than five pages) containing a brief summary of the facts; analysis of the applicable law,
including evidentiary issues; strengths and weaknesses of the case; status of discovery; an
itemization of damages or relief requested; status of settlement negotiations to date; and the names
of those who will attend the conference and in what capacity. This confidential letter must not be
a mere restatement of the letter served on opposing counsel. All matters communicated to me in
the confidential letter will be kept confidential, and will not be disclosed to any other party, or to
the trial judge. Once I read the letters provided, I likely will have ex parte pre-settlement
telephone conferences with counsel to obtain additional information to assist my efforts to
facilitate settlement.
Furthermore, if any party has any recordings of the incident on which this action is based,
7 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.
3
that party must send me a copy of the recording no later than April 11, 2025. Parties should also
consider sending copies of any other materials that can enhance my preparation, including
photographic or documentary evidence, discovery responses, or deposition excerpts. The parties
shall
submit
these
letters
and
materials
to
me,
preferably
by
e-mail,
(MartinezProposedText@nmd.uscourts.gov), or by mail, as long as the materials arrive in my
chambers by the above deadline.8 It is not necessary to send an original if a document is sent by
e-mail.
Confidentiality is essential to the settlement negotiation process. To that end, counsel, the
parties, and any other persons who attend the settlement conference must treat as confidential
information: (a) the contents of all settlement offer and demand letters exchanged between the
parties; (b) anything written or said during the settlement conference; and (c) any position taken
by the parties during the settlement conference, including any view of the merits of the case formed
by any participant. Such confidential information must not be disclosed to anyone not involved in
the settlement negotiation process, including the presiding judge. Further, such confidential
information shall not be discoverable, subject to compulsory process, or used for any purpose
outside of limited exceptions, which are enumerated below.
Exceptions to the bar on disclosure of confidential information include: (a) disclosures to
which all parties have stipulated; (b) disclosure of an agreement, by all parties to the agreement,
which appears to constitute a settlement contract, if necessary in proceedings to determine the
existence of a binding settlement contract; (c) disclosures necessary to determine whether a
8 Although the Court can accept certain materials sent through certain file-sharing website, the Court will not use
websites that require it to register or create an account in order to access the files. Thus, if a party’s preferred filesharing website requires users to register or create accounts, then any digital files that are too large for that party to
send by email must be mailed to the Court.
4
participant in the settlement conference violated the Local or Federal Rules or the terms of this or
any other Court Order; (d) disclosures made to personnel of the Court who are authorized to make
appropriate requests for information regarding the settlement conference; or (e) disclosures as are
otherwise required by law. Finally, confidential information may be disclosed pursuant to a
determination by a court that such disclosure is necessary to (a) prevent manifest injustice; (b) help
establish a violation of law or ethical violation; or (c) prevent harm to the public health or safety,
of such magnitude in the particular case as to outweigh the countervailing interest in maintaining
the integrity of dispute resolution proceedings by assuring that settlement-related communications
remain confidential.
As the settlement conference approaches, if any party believes for any reason that
negotiation attempts would not be fruitful at the time set for the conference (for example,
insufficient discovery or a need to wait on the resolution of a dispositive motion), the parties should
contact my chambers to schedule a status conference to discuss the concern.
IN SUMMARY:
Plaintiff’s letter due to defendant:
March 28, 2025
Defendant’s letter due to plaintiff:
April 4, 2025
All letters (and other materials) due to Court:
April 11, 2025
IT IS SO ORDERED.
_______________________________________
DAMIAN L. MARTINEZ
UNITED STATES MAGISTRATE JUDGE
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?