Ejoh v. Target Corporation
ORDER SCHEDULING SETTLEMENT CONFERENCE, A settlement conference is scheduled before Magistrate Judge Barbara Moses on April 21, 2022 at 2:15 p.m. THE PARTIES ARE DIRECTED TO READ THIS ENTIRE ORDER CAREFULLY. FAILURE TO COMPLY WITH PRE-CONFERENCE RESPONSIBILITIES MAY RESULT IN SANCTIONS. SO ORDERED. ( Settlement Conference set for 4/21/2022 at 02:15 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/10/22) (yv) Modified on 1/11/2022 (yv).
Case 1:21-cv-09535-PAE Document 15 Filed 01/10/22 Page 1 of 6
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
21-CV-9535 (PAE) (BCM)
ORDER SCHEDULING SETTLEMENT
BARBARA MOSES, United States Magistrate Judge.
A settlement conference is scheduled before Magistrate Judge Barbara Moses on April
21, 2022 at 2:15 p.m.
THE PARTIES ARE DIRECTED TO READ THIS
ENTIRE ORDER CAREFULLY. FAILURE TO COMPLY
WITH PRE-CONFERENCE RESPONSIBILITIES MAY
RESULT IN SANCTIONS.
Attendance of Parties, Trial Counsel, and Carriers Required. Each party must
attend the settlement conference, together with that party's lead trial attorney, via
videoconference (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.
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.
If liability insurance is involved, each relevant carrier must also 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).
Case 1:21-cv-09535-PAE Document 15 Filed 01/10/22 Page 2 of 6
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.
Pre-Conference Settlement Discussion Required. The purpose of a Court-
facilitated settlement conference is to settle the case – not simply to begin a settlement dialog.
The Court normally holds only one settlement conference per case. The Court therefore
requires that, promptly after receipt of this Order, the parties conduct at least one goodfaith settlement discussion, in person or by telephone, and that each party convey to each
opposing party at least one 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. Counsel should continue
such discussions among themselves prior to the conference so as to clarify issues, narrow
disputes, and otherwise make the conference as efficient and meaningful as possible.
Confidential Settlement Letter. No later than one week (seven calendar days)
before the conference, 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 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 summary of the relevant facts and law, focusing on the issues most
pertinent to settlement. For example, if liability depends on an uncertain legal issue, the
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.
Case 1:21-cv-09535-PAE Document 15 Filed 01/10/22 Page 3 of 6
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
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.
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.
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
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
Case 1:21-cv-09535-PAE Document 15 Filed 01/10/22 Page 4 of 6
through judgment. Additional joint sessions may be convened if likely to advance the goal of
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 remotely, using the Court's
videoconferencing technology (Zoom) or (with the prior approval of the Court) such
alternative videoconferencing technology as the parties agree upon and arrange. If the
Court's technology is used, the Court will provide the link and further instructions in an
email to counsel closer to the date of the conference.
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.
Case 1:21-cv-09535-PAE Document 15 Filed 01/10/22 Page 5 of 6
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 10, 2022
United States Magistrate Judge
Case 1:21-cv-09535-PAE Document 15 Filed 01/10/22 Page 6 of 6
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 videoconference, 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 videoconference.
☐ My client is a corporation, union, agency or other non-natural person. The following individual will
attend the settlement conference via videoconference as a representative of my client:
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 videoconference as a
representative of the following insurance carrier:
Title/Name of Carrier: __________________________________________________________________
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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