Kelpin v. United States of America et al
ORDER: Settlement Conference set for 3/6/2012 at 9:00 AM before Magistrate Judge Charles S. Miller, Jr. in Belcourt, ND. By Magistrate Judge Charles S. Miller, Jr. (BG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
ORDER SCHEDULING SETTLEMENT
Case No. 4:11-cv-056
United States of America, Jon Doe I-X
and Jane Doe I-X,
IT IS ORDERED:
A settlement conference will be held before the magistrate judge on March 6, 2012, at 9:00 a.m.
in Belcourt, North Dakota.1
The conference shall be attended by all parties, together with trial counsel (if they are
represented) for each party. 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 send a representative. The persons attending shall be vested with the necessary
settlement authority. Any relief from these requirements must be obtained in advance. Failure to
produce the appropriate person(s) at the conference may result in an award of costs and attorney fees
incurred by the other parties in connection with the conference and/or other sanctions against the
noncomplying party and/or counsel.
The court shall coordinate with the parties to locate a suitable facility in Belcourt to conduct the settlement
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Each party shall submit a confidential settlement statement to the Court no later than two days
prior to the final settlement conference. The settlement statement shall not become a part of the file of
the case, but shall be for the exclusive use of the Court in preparing for and conducting the settlement
The settlement statement shall contain a specific 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. If not already part of the court file, copies of any
critical agreements, business records, photographs or other documents or exhibits shall be attached to
the settlement statement. The settlement statement should not be lengthy, but should contain enough
information to be useful to the Court in analyzing the factual and legal issues in the case. 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), e-mail
(ndd_J-Miller@ndd.uscourts.gov), or mail (P.O. Box 670, Bismarck, North Dakota 58502-0670) 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 18th day of October, 2011.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr.
United States Magistrate Judge
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