Fidelity and Guaranty Insurance Company v. Accredited Surety and Casualty Insurance Company

Filing 36

ORDER: This matter has been referred for settlement. Dkt. No. 35. Should the Parties wish to schedule a settlement conference, the Parties are directed to contact Courtroom Deputy Christopher Davis via email by May 30, 2024, at WillisNYSDChamber [e-mail] to provide three mutually agreeable dates in late-June, July, or August. Any conference will be held in person at Courtroom 228, 40 Foley Square, New York, New York. Should the Parties not wish to schedule a settlement conference at this time, they should inform the Court via email by the same deadline. As further set forth by this Order. SO ORDERED. (Signed by Magistrate Judge Jennifer E. Willis on 5/9/2024) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------------X
FIDELITY AND GUARANTY INSURANCE
COMPANY,
Plaintiff,
-against-

ORDER
23-CV-6427 (AT)

ACCREDITED SURETY AND CASUALTY
INSURANCE COMPANY,
Defendant.
----------------------------------------------------------------JENNIFER E. WILLIS, UNITED STATES MAGISTRATE JUDGE:
This matter has been referred for settlement. Dkt. No. 35.
Should the Parties wish to schedule a settlement conference, the Parties are
directed to contact Courtroom Deputy Christopher Davis via email by May 30, 2024,
at [e-mail] to provide three mutually agreeable
dates in late-June, July, or August.

Any conference will be held in person at

Courtroom 228, 40 Foley Square, New York, New York. Should the Parties not wish
to schedule a settlement conference at this time, they should inform the Court via
email by the same deadline.
Parties must attend in person with their counsel. The Parties should be
prepared for the settlement conference to last all day. Corporate Parties must
send the person with decision-making authority to settle the matter to the conference.
At least a week prior to the conference, the Court will hold a pre-conference
call with the attorneys.
The Parties are required to prepare pre-conference submissions in
accordance with Judge Willis’s Standing Order for All Cases Referred for Settlement.
These letters must be submitted three days prior to the date of the preconference phone call. See § 3 of the Standing Order, (“no later than three days

before the pre-conference telephone call, counsel for each Party must send the Court
by email a letter, marked “Confidential Material for Use Only at Settlement
Conference,” which should not be sent to the other parties. The letter should be sent
to [e-mail]. This ex parte letter must not exceed
three pages…The letter should include, at a minimum, the following: (a) the history
of settlement negotiations, if any, including any prior offers or demands; (b) your
evaluation of the settlement value of the case and the rationale for it; (c) any case law
authority in support of your settlement position; and (d) any other facts that would
be helpful to the Court in preparation for the conference.”).
The Parties are also required to jointly fill out the attached form and
submit it via email at least three days prior to the pre-conference phone call.
Finally, should either Party wish to discuss a possible declaration of
bankruptcy, a limited ability to pay an award, or lack of access to cash to fund a
settlement, the Parties are strongly encouraged to discuss such issues with opposing
counsel prior to the settlement conference and to provide documents in their
confidential ex parte letters that speak to their financial condition.
SO ORDERED.
DATED:

New York, New York
May 9, 2024
______________________________
JENNIFER E. WILLIS
United States Magistrate Judge

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SETTLEMENT CONFERENCE FORM
This form should be completed jointly by the Parties and emailed to
[e-mail] no later than three days before
the pre-conference telephone call. The answers to this form will be kept
confidential and fall within Rule 408 of the Federal Rules of Evidence.
Please cite to the relevant docket entry where appropriate.
1. Has a deadline for fact discovery been set in this case?
Yes_________ No___________
If yes, the discovery deadline is/was______________
If so, is discovery closed?
Yes_________ No___________
If yes, the discovery deadline is/was______________
Does either Party intend to seek to reopen discovery?
Yes____________ No____________
2. Is there a deadline for expert discovery?
Yes_________

No___________

If yes, the expert discovery deadline is/was______________
3. Is either Party waiting to receive records (medical records, payroll
records, expert reports, etc.) important to its case?
Yes_________ No___________
If yes, what are those records?____________________
Is the Party still prepared to settle even without receipt of those documents?
_______________________
4. Has a Motion to Dismiss or Motion on the Pleadings Been Filed?
Yes_________

No___________

If yes, did the District Judge rule on the Motion to Dismiss?
Yes_________

No___________
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If yes, please list the surviving claims below:
_________________________
5. Has a Motion for Summary Judgment Been Filed?
Yes_________

No___________

If yes, did the District Judge rule on the Motion?
Yes_________

No___________

If yes, what did the District Judge rule?
Granted_________

Denied___________ Granted in part ________________

6. Are attorney’s fees part of the damages calculation? If so, to date, what
are the total attorney fees accumulated in the case?
Yes___________ No_____________
If yes, $_______________
7. Is this a fee-shifting case, if so, please identify the relevant statute.
Yes___________ No_____________
If yes, the relevant statute is:_______________
8. What are the estimated attorney fees for each side for the next stages
of the litigation?
Plaintiff $________________

Prefer Not to answer________________

Defendant $________________ Prefer Not to answer________________
9. Are there any financial constraints affecting the settlement
discussions the Court should be aware of?
Yes_________ No___________
If yes, what are those financial constraints? ___________________
10. What was Plaintiff’s last best offer? When was this offer made?
$________________
Date of Offer:_____________
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11. What was Defendant’s last best offer? When was this offer made?
$________________
Date of Offer:_____________
12. If this case were to go to trial, do the Parties anticipate it will be a
bench trial or a jury trial?
Bench Trial____________
Jury Trial______________
13. Does either Party intend to raise an inability to pay defense?
Plaintiff/Cross Defendant
Yes________ No________
Defendant/Cross Plaintiff
Yes________ No________
If so, have the Parties shared any financial documents demonstrating
an inability to pay?
Yes________ No________
14. Are there any other impediments to settlement that the Court should
be aware of?
Yes_________

No___________

If yes, please describe.____________________

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