Khurana v. Wahed Invest, LLC et al

Filing 60

ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on October 13, 2020, at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. (As further set forth in this Order.) Neit her the scheduling of a settlement conference nor any adjournment affects the parties' other litigation deadlines or obligations. (Settlement Conference set for 10/13/2020 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 3/11/2020) (cf)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
HARSH KHURANA,

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18-CV-233 (LAK) (BCM)

Plaintiff,
-againstWAHED INVEST, LLC, et al.,

ORDER SCHEDULING SETTLEMENT
CONFERENCE

Defendants.
BARBARA MOSES, United States Magistrate Judge.
A settlement conference is scheduled before Magistrate Judge Barbara Moses on
October 13, 2020, at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007.
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. Each party must

attend the settlement conference in person, accompanied by that party's lead trial attorney.
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.

If a party is a corporation, union, or other non-natural person, it must send

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.
b.

If a party or party representative does not speak English, counsel must

arrange for an interpreter to attend the conference and provide simultaneous translation.
c.

If liability insurance is involved, each relevant carrier must send a

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parties' letters should identify that issue and any key case law or statutes. Conversely, if
liability is not seriously contested, the letters should focus on damages or other remedies.
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. 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 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 Form. 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
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

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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.

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 and in any event at least one week (seven calendar days) before the scheduled conference.
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.
7.

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
March 11 , 2020

SO O
QRE\

J._f

BARB~
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
[e-mail], 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 acknowledge my
obligation to attend the settlement conference in this action in person, accompanied by 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 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 attend the conference.

2. Client Attendance.• Check one box:
My client is a natural person. My client will attend the settlement conference in person.
My client is a corporation, union, agency or other non-natural person. The following individual will
attend the settlement conference in person 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.
0
The following individual will attend the settlement conference in person 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.