Gary R. Prince Revocable Trust et al v. Blackwell et al

Filing 87

ORDER: Settlement Conference set for 10/13/2010 at 9:30 AM before Magistrate Judge John S. Bryant. By 12:00 noon on 10/11/2010, plaintiffs and defendants shall deliver under seal, directly to Tina McDonald, Courtroom Deputy to the undersigned, 797 U. S. Courthouse, 801 Broadway, Nashville, TN 37203, confidential settlement conference statements which shall specify their respective settlement positions. Parties shall exchange offers and demands at least 3 working days prior to the 10/13/2010 conference. Signed by Magistrate Judge John S. Bryant on 8/30/10. (dt)

Gary R. Prince Revocable Trust et al v. Blackwell et al

Doc. 87

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION GARY R. PRINCE REVOCABLE TRUST, ) et al., ) ) Plaintiffs, ) ) v. ) ) CHRIS BLACKWELL, personally and ) d/b/a Blackwell Construction, ) et al., ) ) Defendants. )

NO. 3:09-0475 Judge Wiseman/Griffin

ORDER This matter has been referred to the undersigned by Magistrate Judge Griffin to conduct a settlement conference with the parties (Docket Entry No. 86). A settlement conference will be held on Wednesday, October 13, 2010, at 9:30 a.m. in Courtroom 776, 801 Broadway, Nashville, Tennessee.1 The parties are advised that unless otherwise permitted, failure to be present with full settlement authority2 could result

The parties are advised that they should not schedule anything else on this date and should be prepared to spend the entire day in this settlement conference, if necessary. If any party has other engagements that would interfere with the settlement conference at any time during the day, such party must notify the Magistrate Judge of this fact in advance of the settlement conference. All named parties and their attorneys must attend, unless excused in advance by the Magistrate Judge. Non-individual parties must have a senior official present unless excused in advance by the Magistrate Judge. "Full settlement authority" means the ability of the plaintiff to accept the last offer and the defendant to pay the last demand. If authority is limited, the party must notify the Magistrate Judge in advance of the conference.
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in imposition of sanctions pursuant to Rule 16(f) of the Federal Rules of Civil Procedure. If the parties need authority from any other person, that person must be available by phone, and the Magistrate Judge must approve the absence in advance. The

representative present at the settlement conference must be in a position to sign a binding agreement at the conclusion of the conference, unless the Magistrate Judge has been notified of the limitation in advance. 1. By 12:00 noon on Monday, October 11, 2010, plaintiffs and

defendants shall deliver under seal, directly to Tina McDonald, Courtroom Deputy to the undersigned, 797 U.S. Courthouse, 801 Broadway, Nashville, TN 37203, confidential settlement conference statements positions. which shall specify their respective settlement

These settlement conference statements shall not be Nothing in

filed with the Clerk nor served on the other parties.

the way of a jury speech shall be contained in the settlement conference statements. In their respective statements, counsel for plaintiff and defendant shall make a candid assessment of the strengths and weaknesses of both sides of the case and shall give a good faith opinion of each client's probable success on the merits on a scale of 1 to 5, with 1 being the lowest and 5 being the highest. a. Each statement shall contain a summary of the parties' respective views of the law as to the theories of liability or defense. b. (P) Plaintiffs' statement shall contain an assessment from plaintiffs' viewpoint of their damages and the strengths and weaknesses of their position.

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b. (D) Defendants' statement shall contain an assessment of the plaintiffs' damages, defendants' exposure to those damages, and the respective strengths and weaknesses of defendants' position. c. Each statement shall contain an assessment of the economic cost of proceeding to trial as well as any appeal. d. Each statement shall recount, with specificity, the settlement discussions between the parties to date and the most recent demand offer as each side has made. e. Each statement will describe any particular obstacles or impediments to settlement. 2. In the event offers and demands have not previously been

made, the parties shall exchange offers and demands at least three (3) working days prior to the October 13, 2010 conference. 3. Counsel for each party may present a brief opening

statement at the beginning of the settlement conference. Following these statements, the Magistrate Judge will normally meet

separately with the parties. concluded, negotiations will

Once the separate meetings have proceed as necessitated by the

particular case. It is so ORDERED. s/ John S. Bryant JOHN S. BRYANT United States Magistrate Judge

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