McCaleb v. Ascension Health, Inc. et al

Filing 55

ORDER: A Settlement Conference is set for 12/10/2014 at 9:00 AM and a Telephone Conference is set for 12/5/2014 at 3:00 PM before Magistrate Judge Juliet E. Griffin. By December 2, 2014, the parties shall deliver under seal, directly to Ms. Jeanne Co x-Courtroom Deputy, Mr. Steve Wilson or Mr. Christopher Call-Law Clerks, or provide by facsimile transmission (615-736-7070) ex parte, separate settlement conference statements which shall specify their respective settlement positions. Counsel should read the order in its entirety for all other deadlines and information. Signed by Magistrate Judge Juliet E. Griffin on 7/31/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
S. KIMBERLY McCALEB
v.
ASCENSION HEALTH, INC.;1
SAINT THOMAS HEALTH f/k/a Saint
Thomas Health Services; SAINT
THOMAS HICKMAN HOSPITAL f/k/a
Hickman Community Heathcare Services,
Inc. a/k/a Hickman Community Hospital;
and SAINT THOMAS HOME HEALTH
f/k/a Hickman Community Home Care,
Inc.

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No. 1-14-0009

ORDER
Pursuant to the order entered July 8, 2014 (Docket Entry No. 50), counsel for the parties
convened a telephone conference call with the Court on July 30, 2014, at which time the following
matters were addressed:
A settlement conference is scheduled on Wednesday, December 10, 2014, beginning at
9:00 a.m., in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, TN.
Counsel for the parties have exchanged an initial demand and offer. The parties shall
continue settlement discussions prior to the settlement conference.
Counsel for the parties and the plaintiff shall attend the settlement conference, along with a
representative or representatives of the defendants with full settlement authority to enter into any
settlement. For the purposes of this case, full settlement authority means that the defendants'
representatives shall have full settlement authority up to the last demand made by the plaintiff, that
the defendants' representatives do not need authority from any other individual or entity to enter into

1

The plaintiff's claims against defendant Ascension Health, Inc. were dismissed without
prejudice by notice of voluntary dismissal filed on March 31, 2014, and order entered April 2, 2014
(Docket Entry Nos. 29-30).

any settlement agreement, and that the defendants' representatives shall have total independent
authority to enter into any settlement.2
Counsel for each party shall be prepared to present a brief opening statement (5 to 10
minutes) in the courtroom at the beginning of the settlement conference. The parties shall be
prepared to devote the entire day to the settlement conference, if necessary.
By December 2, 2014, the parties shall deliver under seal, directly to Ms. Jeanne Cox,
Courtroom Deputy to the undersigned, or to Mr. Steve Wilson or Mr. Christopher Call, law clerks
to the undersigned, or provide by facsimile transmission (615-736-7070) ex parte, separate
settlement conference statements which shall specify their respective settlement positions. If a
settlement conference statement is provided by fax, it is not necessary to deliver the original.
1)

Each statement is to be furnished only to the Court and not to the other parties. The

statements shall not be e-filed or otherwise filed with the Clerk of Court.
2)

In their respective statements, counsel for the parties shall make a candid assessment

of the strengths and weaknesses of each party's position in the case and shall give a good faith
opinion (expressed as a percentage) of each client's probable success on the merits of the case.
a)

Plaintiff's statement shall contain an assessment from the plaintiff's viewpoint

of the strengths and weaknesses of her position.
b)

Defendants' statement shall contain an assessment of their position and

exposure in this case, and the respective strengths and weaknesses of defendants' position.
3)

Each statement shall include a brief overview of the facts and a summary of the

party's view of the law as to their respective theories.
4)

Nothing in the way of a jury speech shall be contained in the settlement conference

statements.

2

The parties are advised that, unless otherwise specifically ordered, failure to be present with
full settlement authority could result in imposition of sanctions pursuant to Rule 16(f) of the Federal
Rules of Civil Procedure. However, the Court is aware of the potential role of the Board of Directors
in approving a settlement.
2

5)

Each statement shall contain an assessment of the economic cost of proceeding

further, including attorney fees and expenses that have already been incurred and attorney fees and
expenses that will be incurred if this case is not settled.
6)

Each settlement conference statement also shall contain a statement of counsel's best

judgment as to the amount which should be paid by the defendants in a settlement of the case and
all other related terms and conditions of such a settlement.
7)

The statement shall include the maximum amount the defendants may be willing to

pay and the minimum amount the plaintiff may be willing to accept.3
8)

Each statement shall recount with specificity the settlement discussions between the

parties to date.
9)

Each statement shall contain counsel's representation that she or he has read and

complied with this order.
Counsel for the parties shall convene a telephone conference call with the Court on Friday,
December 5, 2014, at 3:00 p.m., to be initiated by defendants' counsel, to address any matters that
the parties and/or the Court may have with regard to the conduct of the settlement conference.
It is so ORDERED.

JULIET GRIFFIN
United States Magistrate Judge

3

Essentially, the parties shall provide their "bottom line." However, the parties should be
prepared to negotiate further from these figures during the course of the settlement conference.
3