Fenlon v. Nickelback Transport, Inc.
ORDER: Settlement Conference REset for 6/21/2021 at 9:00 AM in Bismarck Courtroom 2 before Magistrate Judge Clare R. Hochhalter. By Magistrate Judge Clare R. Hochhalter (Previously set for 4/27/2021) (BG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Derek Fenlon, individually and on behalf
of all others similarly situated,
Nickelback Transport, Inc., et al.,
Case No. l:19-cv-142
IT IS ORDERED:
The settlement conference scheduled for April 27, 2021, shall be rescheduled for June 21,
2021, at 9:00 AM before the Magistrate Judge at the U.S. Courthouse located in Bismarck,
North Dakota (courtroom #2).
The conference shall be attended, in-person or virtually, by all parties, together with trial
counsel (if they are represented) for each party. At least one person for each party shall appear
in person to facilitate the virtual appearance by others. Requests for relief from this requirement
must be made in advance.
An insured party need not attend unless the settlement decision will be made in part by
the insured. When the settlement decision will be made in whole or in part by an insurer, the
insurer shall attend. The persons attending shall be vested with the necessary settlement
authority. Any relief from these requirements must be obtained in advance. Failure to attend
the conference as provided may result in an award of costs, fees, and/or other sanctions.
Each party shall submit a concise confidential settlement statement to the Court at least two
days prior to the final settlement conference. The settlement statement shall not become a part of the
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file of the case, but shall be for the exclusive use of the Court in preparing for and conducting the
The settlement statement should contain a concise recitation of the facts, a discussion of the
strengths and weaknesses of the case, the parties' positions on settlement, including a present
settlement proposal, and a report on settlement efforts to date. Exhibits may be attached to the
settlement statement. The parties are directed to be candid in their statements.
The parties shall submit their settlement statement to the court via fax (701-530-2325), email (ndd_J-Hochhalter@ndd.uscourts.gov), or mail (P.O. Box 670, Bismarck, North Dakota
58502-0670) for delivery at least two (2) days prior to the settlement conference. The settlement
statement shall not be filed with the Clerk's office. Copies of the settlement statement shall not be
provided to the other parties in the case.
Counsel are directed to confer with their clients in advance of the conference to explore the
parties' settlement positions, and the parties are encouraged to exchange settlement proposals prior
to the conference. These steps will enable the conference to progress more expeditiously.
Dated this 26th day of April, 2021.
Isl Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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