Navistar Financial Corporation v. C.C.C. Trucking, Inc. et al
Filing
19
ORDER: Settlement Conference set for 11/22/2011 at 9:30 AM before Magistrate Judge E. Clifton Knowles. By 12:00 noon on Thursday, 11/17/2011, 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. Signed by Magistrate Judge E. Clifton Knowles on 9/9/11. (dt)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
NAVISTAR FINANCIAL CORPORATION
vs.
C.C.C. TRUCKING, INC., et al.
)
)
) Civil Action No. 3:10-1244
) Magistrate Judge Knowles
)
O R D E R
Pursuant to the Order of Judge Trauger entered on the docket
on September 2, 2011 (Docket Entry No. 18), this action was
referred to the undersigned to conduct a settlement conference.
The parties have
agreed to
schedule a
settlement conference on
Tuesday, November 22, 2011, at 9:30 a.m.
1.
By 12:00 noon on Thursday, November 17, 2011, 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
not to the other side.
The statements shall not be filed
electronically or 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
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
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
Tuesday, November 22, 2011, at
a)
9:30 a.m.
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 in writing to Courtroom
Deputy Holly Vila.
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
conference must be in a
position to
sign an agreement
binding that party at the conclusion of the conference. The
1
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.
representative at the settlement conference must also
possess full settlement authority to make a reasonable
settlement offer on behalf of the party.
Counsel for a
party may not act as that party’s “representative,” as that
term is used in the preceding three sentences.
In rare
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 prior to the
settlement conference by the Magistrate Judge.
Such
requests shall be made in writing to Courtroom Deputy Holly
Vila at least 10 days prior to the settlement conference
with copies sent to all other parties.
It is 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
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