Congregation Kneses Israel of Sea G v. Philadelphia Indemnity Insurance Company

Filing 32

ORDER, A settlement conference is scheduled for Tuesday, May 31, 2022 at 10:00 am and will take place by videoconference hosted on the Court's Microsoft Teams platform. The Court will provide a link for the hearing after receiving the annexe d Attendance Acknowledgement Form with the names and email addresses of the individuals who will be attending the conference. As set forth in paragraph 4 of the Standing Order, written submissions must be received by the Court and opposing counsel no later than midnight four (4) business days before the conference: that is Tuesday, May 24, 2022. The Clerk of Court is respectfully directed to set this conference as a settlement conference even though it will take place by videoconference. SO ORDERED. ( Settlement Conference set for 5/31/2022 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 5/9/22) (yv)

Case 1:19-cv-08319-JGK-SLC Document 32 Filed 05/09/22 Page 1 of 7

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CONGREGATION KNESE ISRAEL OF SEA GATE,
Plaintiff,
CIVIL ACTION NO.: 19 Civ. 8319 (JGK) (SLC)

-v-

ORDER
PHILADELPHIA INDEMNITY INSURANCE COMPANY,
Defendant.
SARAH L. CAVE, United States Magistrate Judge.
A settlement conference is scheduled for Tuesday, May 31, 2022 at 10:00 am and will
take place by videoconference hosted on the Court’s Microsoft Teams platform. The Court will
provide a link for the hearing after receiving the annexed Attendance Acknowledgement Form
with the names and email addresses of the individuals who will be attending the conference.
Counsel must read the Court’s “Standing Order Applicable to Settlement Conferences
Before Magistrate Judge Cave,” (“Standing Order”) which is attached and incorporated by
reference in this Order.

The Court’s Settlement Practices, contained in the Settlement

Conference Scheduling Order and the Court’s Standing Order, prepares the Court and the parties
for a productive settlement conference. On receipt of this Order, each counsel is directed to
confirm with all other counsel, and any pro se parties, that they have received a copy of this
Order.
Of particular importance, the Court’s Settlement Practices require:
(1) A representative of each party (as described in paragraphs 3 and 7 of the Standing
Order) to participate in the Settlement Conference for the entire duration of the

Case 1:19-cv-08319-JGK-SLC Document 32 Filed 05/09/22 Page 2 of 7

scheduled conference from a location suitable for a proceeding in Federal Court, i.e.,
a non-public location without background noise or distractions.
(2) Plaintiff to make a settlement demand 1 to the Defendant (or reaffirm any prior
demand) no later than fourteen (14) days before the settlement conference.
(3) Defendant to inform Plaintiff of its response to the demand no later than seven (7)
days before the conference.
(4) If either party fails to comply with (2) or (3), the other side must: (i) promptly remind
that party of its obligation to comply; and (ii) advise the Court that the required
settlement negotiations have not taken place.
(5) As set forth in paragraph 4 of the Standing Order, written submissions must be
received by the Court and opposing counsel no later than midnight four (4) business
days before the conference: that is Tuesday, May 24, 2022. These submissions must
be emailed to Chambers at [e-mail]; the submissions
should not be submitted via the ECF system. Counsel must ensure that their client(s)
and insurer(s), if any, have read the other side’s submission before the conference.
(6) Any request for a change in the date of the conference be made using the procedures
in paragraph 9 of the Standing Order if (1) an adjournment would permit a party to
obtain information that would make the conference more productive, or (2) a client
who would otherwise participate by telephone would be available to attend the

The parties are reminded that demands and responses must include all material, non-monetary elements, and that
such non-monetary elements must be reflected in the portion of the letter required by paragraph 4 of the Standing
Order that describes past settlement negotiations. Any monetary offers made before or during the settlement
conference are presumed to be offers to pay within 30 days unless specifically stated otherwise.

1

2

Case 1:19-cv-08319-JGK-SLC Document 32 Filed 05/09/22 Page 3 of 7

conference in person if held on another date. Counsel are directed to follow the
instructions in paragraph 9 to request an adjournment.
A Defendant who intends to raise a lack of financial resources as a basis for its settlement
position comply with the procedures in paragraph 10 of the Standing Order.
Any party seeking a modification to the procedures required by this Order should make
an application promptly by Letter-Motion filed on ECF and should state the position of all other
parties as to the proposed modification. Such a Letter-Motion must be sent separately from the
letter required by paragraph 4 of the Standing Order and must comply with Magistrate Judge
Cave’s Individual Practices available at https://www.nysd.uscourts.gov/hon-sarah-l-cave.
Should the parties resolve the litigation before the conference date, they must notify the
Court in writing immediately.
Failure to comply with all of the terms of this Settlement Conference Scheduling Order
constitutes violation of a Court Order, for which sanctions, including reasonable attorneys’ fees
and costs, may be awarded.
The Clerk of Court is respectfully directed to set this conference as a settlement
conference even though it will take place by videoconference.
Dated:

New York, New York
May 9, 2022
SO ORDERED.
_________________________
SARAH L. CAVE
United States Magistrate Judge

3

Case 1:19-cv-08319-JGK-SLC Document 32 Filed 05/09/22 Page 4 of 7

UNITED STATES DISTRICT COURT
SARAH L. CAVE
UNITED STATES MAGISTRATE JUDGE

SOUTHERN DISTRICT OF NEW YORK

Standing Order Applicable to Settlement Conferences Before Magistrate Judge Cave
1. Settlement conferences form no part of the record. All communications made as part of the
settlement conference process are strictly confidential and may not be used for any purpose
either in this litigation or elsewhere.
2. Magistrate Judge Cave will function as a mediator, attempting to help the parties reach
agreement on terms of settlement. This process requires that counsel and their clients be
both prepared for the conference and candid with the Court. The Court generally holds only
one settlement conference.
3. 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.
4. No later than four business days before the conference, each party must send to the Court
and opposing counsel a letter of no longer than four (4) pages marked “Confidential Materials
For Use Only At Settlement Conference,” setting forth concisely the following: (1) a discussion
of the relevant facts and applicable law, with an emphasis on the issues more pertinent to
settlement, including a discussion of liability and damages in the event liability were
established; (2) if non-monetary relief is sought in addition to or instead of money damages,
each party must set forth its position as to the provision of such relief; and (3) the history of
settlement discussions, if any, including any prior offers or demands.2 This letter must be
received by the Court and opposing counsel no later than midnight four business days before
the settlement conference. Counsel must immediately provide a copy of the opposing party’s
letter to their client and/or insurer, and must also ensure before the conference that the
client and/or insurer has read the opposing party’s letter. This letter, along with the
Acknowledgment Form that appears following this Standing Order, must be sent to the Court
by hand delivery or by email to: [e-mail]. Any application for
adjournment or other modification of the conference must be submitted via Letter-Motion
on ECF in accordance with Magistrate Judge Cave’s Individual Practices, found at:
https://www.nysd.uscourts.gov/hon-sarah-l-cave.
5. At the settlement conference, counsel for each side should expect to make a succinct
presentation (10-15 minutes) in the presence of all parties and the Court summarizing the
issues counsel believes are important for the client(s) and/or insurer(s) of the opposing party
to consider for purposes of formulating a settlement position. The purpose of the
presentation is to address and persuade the opposing party, not the Court. Thus, it is usually
2

The Court notes that it is normally unhelpful for a party to state in this letter its final settlement position.
4

Case 1:19-cv-08319-JGK-SLC Document 32 Filed 05/09/22 Page 5 of 7

(1) unnecessary to recount in full the background of the dispute, and (2) unhelpful to discuss
issues raised in the opposing party’s confidential settlement letter. The Court prefers that
counsel not use slideware or other summary presentations, although key evidence from
discovery in the case, that has previously been disclosed to the opposing party at least five
(5) days before the conference or is already in the possession of the opposing party, may be
helpful. After the initial statements, counsel may respond and have their clients speak if they
choose.
6. Following the presentations, the Court will meet separately with each side in private. In these
meetings, the parties and their counsel must be prepared to inform the Court of the amount
of attorneys’ fees and expenses incurred to date, and an estimate of the remaining costs
(including attorneys’ fees) of litigating the case to judgment, including appeal.
7. The presence in person of each party (the client), in addition to counsel, is essential to the
settlement process. Also, if an insurance company has any role in approving a settlement,
the decision-making representative of the insurer must attend in addition to the insured
party. Because it is important that the decisionmakers on settlement hear their adversaries’
presentations and be available to answer questions from the Court, the person who attends
the conference must be the person with ultimate responsibility for determining the amount
of any settlement. Corporations, and any other party that is not a natural person, and
insurers must send to the conference the person ultimately responsible within the
organization for giving settlement authority, not someone who has received authority from
someone else. If a party believes that the individuals scheduled to attend the conference on
behalf of the opposing party do not comply with this requirement, that party shall
immediately confer with the opposing party and inform the Court by letter promptly if no
resolution is reached.
a. In cases where the City Comptroller has authority over settlement, the Assistant
Corporation Counsel shall arrange in advance of the conference for a
representative of the Comptroller either to attend the conference or to be
available by telephone.
b. A client or insurer’s attendance by telephone may be permitted if the party lives
and works more than 100 miles from the Courthouse and it would be a great
hardship for the party to attend the conference on any date. In these
circumstances, if more than one individual will be appearing by telephone, the
parties must immediately arrange for a toll-free conference call number that the
individuals and the Court may dial into for the conference.
c. If a party does not speak fluent English, the party must bring an experienced
simultaneous interpreter. Counsel may not serve as the interpreter. Counsel
should call Chambers if there is any difficulty securing an interpreter.
8. If a party fails to attend the settlement conference with all of the required persons—counsel,
the client(s), the decision-making representative from the insurer, if any, and an interpreter,
if needed—that party may be required to reimburse all of the other parties for their time and
travel expenses, and may face other sanctions.
5

Case 1:19-cv-08319-JGK-SLC Document 32 Filed 05/09/22 Page 6 of 7

9. If counsel becomes aware of the need or potential need for an adjournment of the date of
the conference, counsel must make an application for the adjournment as soon as counsel is
aware of the need. If the application is made more than fourteen (14) days in advance of the
conference, no cause need be provided. Otherwise, counsel must provide reasons for seeking
the adjournment.
a. The parties are required to seek an adjournment if (1) an adjournment would
permit discovery or exchange of information that would make the conference
more fruitful, or (2) a client or insurer who would otherwise participate by
telephone would be available to attend in person if the conference were held on
another date. To seek a new date within 45 days of the originally-scheduled
conference, contact Chambers at [phone] to obtain an alternative date and
time. Counsel must then immediately consult with all other counsel as to their,
their clients’, and their insurer’s availability on the new date. The party must then
file a Letter-Motion via ECF in accordance with Magistrate Judge Cave’s Individual
Practices requesting the new date and time and indicating that it is agreed by all
parties. If the party wishes to postpone by more than 45 days, an adjournment
sine die should be sought by Letter-Motion, should provide the position of each
party as to the request, and should specify an approximate time period when the
conference should be held. The Court notes that the scheduled conference date
is not changed unless and until the Court grants the written application to change
the date.
10. If a defendant intends to claim that its financial situation is relevant to any potential or actual
settlement offer (either based on the amount offered or a proposal to pay any portion in
more than 30 days), the defendant shall inform plaintiff of this fact no later than fourteen
(14) days before the conference. The parties should then discuss whether plaintiff seek proof
of defendant’s claim and whether the defendant is willing to provide such proof, which must
be provided at least three (3) days before the conference. A summary of any discussions on
this topic shall be included in the letters required under paragraph 4 of this Standing Order.
11. The scheduling of a settlement conference has no effect on any deadlines or other pending
obligations in the action.

6

Case 1:19-cv-08319-JGK-SLC Document 32 Filed 05/09/22 Page 7 of 7

ATTENDANCE ACKNOWLEDGMENT FORM
CASE NAME: ___________________________________________________________________
DOCKET NUMBER: ______________________________________________________________
I represent the

Plaintiff

Defendants

I acknowledge that I am attending a virtual settlement conference through the Court’s
Microsoft Teams platform on ____________________ at _______________________.
Please provide the name of any co-counsel who will attend the conference with you.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I acknowledge that my client, and any other relevant decisionmakers, will attend the
settlement conference.
Please provide the name and title, if applicable, of the individuals who will attend:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Next to the name of each conference participant, please indicate the email address the Microsoft
Teams invitation should be sent to.
___________________________
Signature

_______________________
Date

_________________________
Name (print)

7