Pruter v. Local 210's Pension Trust Fund et al
Filing
175
ORDER SCHEDULING SETTLEMENT CONFERENCE: After consultation with the parties, the follow-up settlement conference, previously scheduled to take place before Magistrate Judge Moses on January 12, 2021, is ADJOURNED to February 18, 2021, from 3:00 to 5 :00 p.m. For the duration of the COVID-19 public health emergency, and unless otherwise ordered by the Court, all attendees must participate in the settlement conference telephonically, using the Court's teleconferencing facilities. The parties are directed to call (888) 557-8511 on their scheduled date, a few minutes before their scheduled time, and enter (a) the access code 7746387 and (b) the security code that the Court will provide to you, by email, on receipt of all parties' confidential settlement letters, and as further set forth in this order. (Telephone Conference set for 2/18/2021 at 03:00 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/12/2021) (jwh)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
1/12/2021
JANET PRUTER, et al.,
Plaintiffs,
15-CV-1153 (AT) (BCM)
-againstLOCAL 210, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS,
ORDER SCHEDULING SETTLEMENT
CONFERENCE
Defendant.
BARBARA MOSES, United States Magistrate Judge.
After consultation with the parties, the follow-up settlement conference, previously
scheduled to take place before Magistrate Judge Moses on January 12, 2021, is ADJOURNED to
February 18, 2021, from 3:00 to 5:00 p.m.
THE PARTIES ARE DIRECTED TO READ THIS
ENTIRE ORDER CAREFULLY. FAILURE TO COMPLY
WITH PRE-CONFERENCE RESPONSIBILITIES MAY
RESULT IN SANCTIONS.
1.
Attendance of Parties, Trial Counsel, and Carriers Required. Ordinarily, each
party must attend the settlement conference, together with that party's lead trial attorney,
via teleconference or other remote means (see ¶ 6 below). Counsel must be fully
knowledgeable concerning the facts of the case, relevant law, and the progress of the case to
date, including settlement discussions.
a.
In the case of multiple parties on the same side of the case, a
representative sample may attend the settlement conference in lieu of the whole.
b.
If a party is a corporation, union, or other non-natural person, it must
attend the conference through a decision-maker with knowledge of the case and
responsibility for determining the amount of any ultimate settlement; that is, a person
who decides what settlement authority to give to counsel, not a person who has received,
or must seek, authority from someone else within the organization.
c.
If liability insurance is involved, each relevant carrier must attend the
conference through a decision-maker with knowledge of the case and responsibility for
determining the amount of the ultimate settlement (or the carrier's portion thereof).
d.
If a party fails to attend the settlement conference with all of the required
persons, that party may be required to reimburse the other parties for their time and travel
expenses or face other sanctions.
2.
Pre-Conference Settlement Discussion Required. The parties have instructed the
Court that they are awaiting rulings on a number of pending motions in limine. (Dkt. Nos. 139,
141, 143.). Promptly upon receiving ruling(s) on the pending motions, the parties must
engage in good faith settlement discussions. As part of that process, each party must convey
to each opposing party at least one updated good-faith settlement demand or offer, in
advance of the deadline, set forth below, for submitting confidential settlement letters. Past
settlement negotiations may not be relied upon to satisfy this requirement. To the extent
that the parties have not received rulings on the pending motions by the time their
confidential settlement letters are due, they shall so inform the Court in a joint letter, filed
on the public docket, and may seek a further adjournment of the follow-up settlement
conference on that basis.
3.
Confidential Settlement Letters. No later than February 12, 2021, each party
shall submit a confidential settlement letter to chambers by email, addressed to
Moses_NYSDChambers@nysd.uscourts.gov, marked "Confidential Material for Use Only at
Settlement Conference." Do not file the confidential settlement letter on ECF. Do not send
copies to adverse parties unless all parties have agreed to exchange their letters. Settlement
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letters are limited to six pages, not including any exhibits, which are permitted but should be kept
to a minimum. Each letter should contain:
a.
A summary of the relevant facts and law, focusing on the issues most
pertinent to settlement, particularly in light of any rulings received on the pending
motions in limine.
b.
A candid assessment of the strengths and weaknesses of the case,
including affirmative defenses, together with counsel's realistic assessment of its
settlement value or range, and how such assessments have been affected by any rulings
on the pending motions in limine. If there are any extra-legal impediments to settlement,
note them here.
c.
A brief description of settlement negotiations to date, including the date
and time of the parties' last good-faith settlement discussion, the progress the parties have
made towards settlement since the date of this Order, and the terms of each party's most
recent demand or offer.
d.
4.
Any other information likely to be helpful to the settlement process.
Acknowledgment Forms. On the same date that the confidential settlement letters
are due, each party shall submit the attached Acknowledgment Form to chambers by email, and
serve it on all other parties, identifying the individuals who will attend the settlement
conference. Do not file the Acknowledgment Form on ECF.
5.
Conduct of the Conference. All proceedings at the settlement conference will be
confidential. Discussions are "off the record," and may not be used in discovery or at trial. The
Court will function as a mediator. Efficient use of this process requires that parties and counsel
be prepared for the conference and candid with the Court. At the outset of the conference each
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party may make a brief presentation in the presence of all parties and counsel. Since the purpose
of the conference is to facilitate settlement – not to try the case – presenters are requested to
address their remarks directly to the opposing party and to focus on the issues most relevant to
settlement. Following the initial joint session, the Court will work separately with each side in
private. During these sessions the Court may address questions directly to the parties (in the
presence of their counsel) and will expect candid responses. In addition, all parties should be
prepared to disclose their legal fees and costs to date and their estimates of fees and costs
through judgment. Additional joint sessions may be convened if likely to advance the goal of
settlement.
6.
Remote Attendance Required Due to Coronavirus Risk. For the duration of
the COVID-19 public health emergency, and unless otherwise ordered by the Court, all
attendees must participate in the settlement conference telephonically, using the Court's
teleconferencing facilities. The parties are directed to call (888) 557-8511 on their scheduled
date, a few minutes before their scheduled time, and enter (a) the access code 7746387 and
(b) the security code that the Court will provide to you, by email, on receipt of all parties'
confidential settlement letters. The parties are advised that the Court's teleconferencing
facilities permit both group conferences and private caucuses with each party or group of
parties (and relevant counsel). If, after meeting and conferring among themselves, the
parties wish to arrange a different remote technology (e.g., videoconferencing), they must
request permission to use that technology, either at the pre-settlement conference or by
letter-motion at least one week prior to the date of the conference, and be prepared to
discuss the capabilities and security features of the proposed technology with the Court's
staff.
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7.
Requests to Reschedule the Conference or Modify these Procedures. Requests to
reschedule the settlement conference, or to modify the page limits, attendance requirements, or
other provisions of this Order, must be made by letter-motion, filed via ECF in accordance with
the Individual Practices of Judge Moses, as soon as the need for the adjournment or modification
arises. Requests for adjournment must include two proposed dates, acceptable to all parties and
counsel, for the rescheduled conference. Before proposing dates, counsel are advised to call
chambers to determine the Court's availability. Requests to modify the attendance requirements
will be granted only on a showing of significant hardship. If the parties settle the case prior to the
scheduled conference, they must promptly so inform the Court by letter, filed via ECF, stating
whether the settlement requires Court approval and, if not, how much time the parties require to
submit a stipulation of dismissal to the district judge.
8.
No Effect on Other Deadlines. Neither the scheduling of a settlement conference
nor any adjournment affects the parties' other litigation deadlines or obligations.
Dated: New York, New York
January 12, 2021
SO ORDERED.
________________________________
BARBARA MOSES
United States Magistrate Judge
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ACKNOWLEDGMENT FORM-SETTLEMENT CONFERENCE
Counsel of record for each party must complete and sign this form and email it to the Court at
Moses_NYSDChambers@nysd.uscourts.gov, with copies sent simultaneously to all other parties, no later
than one week (seven calendar days) before the parties' scheduled settlement conference.
Name of Case: _______________________________________________________________________
Docket No.: _________________________ Date of Sett. Conference: __________________________
Name of Party Submitting this Form: _______________________________________ ☐ Pltf. ☐ Def.
1. Acknowledgment by Counsel. I am lead trial counsel for the party listed above. I will attend the
settlement conference in this action via teleconference, as will my client (if the client is a natural person),
or by a client representative (if the client is a non-natural person) who is a decision-maker with
knowledge of the case and responsibility for determining the amount of any ultimate settlement. I will
arrange for a translator if my client requires that service. I further acknowledge that if insurance carrier
approval, consent, or funding is required for my client to settle this action, a representative of each
relevant carrier, who is a decision-maker with knowledge of the case and responsibility for determining
the amount of any ultimate settlement (or the carrier's portion thereof) must also attend the conference.
2. Client Attendance. * Check one box:
☐ My client is a natural person and will attend the settlement conference via teleconference.
☐ My client is a corporation, union, agency or other non-natural person. The following individual will
attend the settlement conference via teleconference as a representative of my client:
Name: ______________________________________________________________________________
Title: ________________________________________________________________________________
3. Carrier Attendance.* Check one box:
☐ No insurance carrier approval is required for my client to settle this case.
☐ The following individual will attend the settlement conference via teleconference as a representative
of the following insurance carrier:
Name: ______________________________________________________________________________
Title/Name of Carrier: __________________________________________________________________
____________________________
Date
____________________________________________
Signature of Lead Trial Counsel
____________________________________________
Print Name of Lead Trial Counsel
If you represent more than one party or require approval from more than one carrier you must submit
attendance information for all clients and carriers.
*
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