Federal Deposit Insurance Corporation v. TAMCO Financial Services, LLC et al

Filing 27

ORDER: Settlement Conference set for 5/9/2013 at 9:30 AM before Magistrate Judge John S. Bryant. By 12:00 noon on Tuesday, 5/7/2013, plaintiff anddefendants 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. The parties shall exchange offers and demands at least 3 working days prior to the 5/9/2013 conference. Signed by Magistrate Judge John S. Bryant on 4/16/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
FEDERAL DEPOSIT INSURANCE CORP.)
)
Plaintiff,
)
)
v.
)
)
TAMCO FINANCIAL SERVICES, LLC, )
et al.,
)
)
Defendants.
)

Case No. 3:13-0108
Judge Trauger/Bryant

O R D E R
A telephone conference was held with counsel on April 16,
2013, at which time they requested a settlement conference be
conducted by this Magistrate Judge. A settlement conference will be
held on May 9, 2013, beginning 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
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
1

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.
2

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.

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 Tuesday, May 7, 2013, plaintiff 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

filed with the Clerk nor served on the other parties.

Nothing in

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) Plaintiff’s statement shall contain an assessment from
plaintiff’s viewpoint of its damages and the strengths
and weaknesses of its position.
b. (D) Defendants' statement shall contain an assessment of
the plaintiff’s 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 May 9, 2013 conference.
3.

Counsel for each party may present a brief opening

statement at the beginning of the settlement conference. Following
these

statements,

the

Magistrate

separately with the parties.
concluded,

negotiations

will

Judge

will

normally

meet

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