Kosloski v. Alara Franklin Corp. et al

Filing 24

ORDER: Settlement Conference set for 10/7/2010 at 10:00 AM before District Judge Aleta A. Trauger. By 12:00 noon on Monday, 10/4/2010, Plaintiff and Defendant shall deliver under seal, directly to Ms. Holly Vila, Courtroom Deputy to Magistrate Judge Knowles, ex parte, separate settlement conference statements which shall specify their respective settlement positions. The parties shall exchange offers and demands prior to the settlement conference. Signed by Magistrate Judge E. Clifton Knowles on 9/24/10. (dt)

Kosloski v. Alara Franklin Corp. et al

Doc. 24

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION PATRICIA KOSLOSKI v. ALARA FRANKLIN CORP. and RAM PARTNERS, LLC ) ) ) Civil Action No. 3:10-0240 ) Magistrate Judge Knowles ) ) ORDER Pursuant to the Order of Judge Trauger entered on the docket on September 17, 2010 (Docket Entry No. 23), this action was referred to the undersigned to conduct a settlement conference. The parties have agreed to schedule a settlement conference on

Thursday, October 7, 2010, at 10:00 a.m. 1. By 12:00 noon on Monday, October 4, 2010, Plaintiff and

Defendant shall deliver under seal, directly to Ms. Holly Vila, Courtroom Deputy to Magistrate Judge Knowles, ex parte, separate settlement conference statements which shall specify their respective settlement positions. a) Each statement is to be furnished only to the Court and The statements shall not be filed

not to the other side.

with the Clerk of Court. b) Each statement shall contain a summary of the parties'

respective views of the law as to the theory of liability or defense. c) In their respective statements, counsel for plaintiff

and defendant shall make a candid assessment of the

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strengths and weaknesses of both sides of the case and shall give a good faith opinion (expressed as a percentage) of each client's probable success on the merits. (i) Plaintiff's statement shall contain an assessment

from plaintiff's viewpoint of their damages and the strengths and weaknesses of their position. (ii) Defendant's statement shall contain an assessment of the plaintiff's damages, defendant's exposure to those damages, and the respective strengths and weaknesses of defendant's position. d) Nothing in the way of a jury speech shall be contained

in the settlement conference statements. e) Each statement shall contain an assessment of the

economic cost of proceeding to trial. f) Each settlement conference statement also shall contain

a statement of counsel's best judgment as to the amount which should be paid or received by his client in a settlement of the case based on counsel's written evaluation and opinion and after a full discussion of the opinion with the client. g) Each statement shall include the maximum amount the

defendants are willing to pay and the minimum amount the plaintiff is willing to accept,1 and any other terms on

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.

1

which the client insists. h) Each statement shall recount, with specificity, the

settlement discussions between the parties to date and the final offer each side has made. 2. A settlement conference in this action shall be held on

Thursday, October 7, 2010, at 10:00 a.m. a) All plaintiffs and all defendants who are individuals

shall be present at the settlement conference, unless their absence is approved at least seven (7) days prior to the settlement conference by the Magistrate Judge. Requests

that an individual party be excused from attending the settlement conference shall be made to Courtroom Deputy Holly Vila, and communicated to all other parties. It is

not sufficient for a party to request in their settlement conference statement that they be excused from attending the settlement conference. Parties who are not individuals shall be present at the settlement conference by representative, unless their absence is excused by the Magistrate Judge as provided above. The representative present at the settlement position to sign an agreement

conference must be in a

binding that party at the conclusion of the conference. The representative at the settlement conference must also possess full settlement authority to make a reasonable

settlement offer on behalf of the party. party may not act as that party's

Counsel for a

"representative," as that In rare

term is used in the preceding three sentences.

circumstances, the Court may permit a party's representative to participate in the settlement conference by telephone. Any requests that a party's representative be allowed to participate by telephone must be approved at least seven (7) days prior to the settlement Judge. conference by the Magistrate

Such requests shall be made to Courtroom Deputy It is

Holly Vila, and communicated to all other parties.

not sufficient for such a request to be made in a party's settlement conference statement. The parties are advised

that, unless otherwise permitted, their failure to be present with full settlement authority could result in the imposition of sanctions pursuant to Rule 16(f) of the Federal Rules of Civil Procedure. b) Counsel for each party shall be prepared to present a

brief opening statement at the beginning of the settlement conference.

3.

The parties shall exchange offers and demands prior to

the settlement conference. IT IS SO ORDERED.

E. CLIFTON KNOWLES United States Magistrate Judge