Vicinanza et al v. Horizon Window Treatments, Inc. et al
Filing
32
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on January 26, 2023, at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. This is an in-person proceeding. Counsel and parties are advised to consult the Chief Judge's current entry protocols, available at https://nysd.uscourts.gov/covid-19-coronavirus, in advance of the conference. THE PARTIES ARE DIRECTED TO READ THIS ENTIRE ORDER CAREFULLY. FAILURE T O 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 attorn ey. Counsel must be fully knowledgeable concerning the facts of the case, relevant law, and the progress of the case to date, including settlement discussions, as further set forth herein. 2. Pre-Conference Settlement Discussion Required. The purp ose 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 O rder, the parties conduct at least one good-faith 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 dis putes, and otherwise make the conference as efficient and meaningful as possible. 3. Confidential Settlement Letter. No later than January 23, 2023, 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 ex change 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, as further set forth in this Order. Neither the scheduling of a settleme nt conference nor any adjournment affects the parties' other litigation deadlines or obligations. SO ORDERED. ( Settlement Conference set for 1/26/2023 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 1/18/2023) (vfr)
Case 1:22-cv-00657-MKV Document 32 Filed 01/18/23 Page 1 of 5
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
1/18/23
VINCENT VICINANZA, et al.,
Plaintiffs,
22-CV-657 (MKV) (BCM)
-againstHORIZON WINDOW TREATMENTS,
INC., et al.,
ORDER SCHEDULING SETTLEMENT
CONFERENCE
Defendants.
BARBARA MOSES, United States Magistrate Judge.
A settlement conference is scheduled before Magistrate Judge Barbara Moses on
January 26, 2023, at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007.
This is an in-person proceeding. Counsel and parties are advised to consult the Chief Judge's
current entry protocols, available at https://nysd.uscourts.gov/covid-19-coronavirus, in advance
of the conference.
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.
Case 1:22-cv-00657-MKV Document 32 Filed 01/18/23 Page 2 of 5
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
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 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 January 23, 2023, each party shall
3.
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
2
Case 1:22-cv-00657-MKV Document 32 Filed 01/18/23 Page 3 of 5
to a minimum. Each letter should contain:
a.
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.
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
3
Case 1:22-cv-00657-MKV Document 32 Filed 01/18/23 Page 4 of 5
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.
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
January 18, 2023
SO ORDERED.
________________________________
BARBARA MOSES
United States Magistrate Judge
Case 1:22-cv-00657-MKV Document 32 Filed 01/18/23 Page 5 of 5
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 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.
☐ 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.
*
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