I/P Engine, Inc. v. AOL, Inc. et al
Settlement Conference Order. Signed by Magistrate Judge Lawrence R. Leonard on 12/11/13. (tbro)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
I/P ENGINE, INC.,
CLERK, U.S. DIS7 Rid COURT
NOnFOl «. va
AOL, INC., et /.,
SETTLEMENT CONFERENCE ORDER
This case has been referred to the undersigned for a settlement conference. In order to
facilitate the just and expeditious resolution of this case, it is ORDERED as follows:
All parties and their lead counsel are required to appear at a settlement conference
scheduled in the chambers of the undersigned at the United States District Court, 600 Granby
Street, Norfolk, Virginia 23510, at 9:30 a.m. on Wednesday, January 22, 2014, for the purpose
of conducting discussions, in good faith, towards a compromised resolution of this case. Counsel
must notify parties attending the settlement conference that electronic equipment (cell phones,
pagers, laptops, etc.) is not permitted in the courthouse without the express permission of the
EACH PARTY MUST BRING TO THE SETTLEMENT CONFERENCE A
PERSON WITH FULL AND COMPLETE AUTHORITY TO SETTLE THE CASE.
Civil Rule 83.6.
No party representative or party shall appear at the conference via telephone
without first obtaining Court approval.
The authority of persons in attendance shall include the ability to completely
resolve all facets of the case without the need to seek or obtain additional authority from persons
not in attendance. An insured party shall appeartogether with a representative ofthe insurer with
authority to negotiate and conclude a settlement. An uninsured corporate party shall appearby a
party representative with authority to negotiate and conclude a settlement. If there are issues
involving medical or other liens, plaintiff shall attempt to have a representative for the lienholder
present or available by telephone with authority to negotiate and conclude a settlement.
Prior to the settlement conference, the parties should make a good faith effort to
negotiate and settle the case. Specific proposals and counter proposals beyond the initial offer
and demand should be exchanged.
The substantive negotiations at the settlement conference are confidential and may
not be used by the parties for any purpose otherthan settlement. Federal Rule of Evidence 408.
The parties must:
Submit a brief memorandum of five pages or less directly to the
chambers of the undersigned (do not file in the clerk's office) by
NOON on THURSDAY, JANUARY 16, 2014. Do not serve a copy of
the letter on the opposing party unless you wish to disclose your settlement
position. The memorandum can be faxed to (757) 222-7028.
The memorandum will be considered and maintained on a confidential
basis and will be destroyed upon conclusion ofthe conference, regardless of
The memorandum should address the following:
An objective overview of the basic allegations and relevant facts;
A realistic assessment of the strengths and weaknesses of each
A summary of settlement discussions to date;
A statement of settlement expectations (to include proposed
settlement offers); and
Identify the lawyers and party representatives who will attend the
If the case presents unusual circumstances, or if you have any questions, counsel
areencouraged to set up a conference call with the undersigned.
At the settlement conference, counsel must be prepared to provide a brief oral
presentation outlining the factual and legal highlights of the case to be followed by separate
The parties must be prepared to reduce to memorandum form at the conclusion of
the conference the basic terms of any settlement agreement. In the alternative, the court may
require counsel and the partiesto state the terms of the settlement agreement on the record.
If exparte or other confidential discussions occur during the settlement conference,
the undersigned will not conduct any other hearing or make any further decisions in this case after
beginningthe settlement conference. The undersigned will not disclose the information received
during the settlement conference to anyone without the permission of the party providing the
information. The discussions occurring in the settlement conference may not be used by or
against any party. Federal Rule of Evidence 408.
If a party appears at the settlement conference without having complied with the
requirements of this Order, the Court may continue or cancel the settlement conference, and may
assess against the noncomplying party, attorney, or both, a monetary sanction which may include
the fees and expenses incurred by the other parties in attending the settlement conference.
CONFERENCE TAKES PLACE, THE PARTIES ARE DIRECTED TO APPRISE THE
CHAMBERS OF THE UNDERSIGNED.
The Clerk is DIRECTED to forward a copy of this Order to all counsel of record.
It is so ORDERED.
Lawrence R. Leonard
United States MagistrateJudge
Lawrence R. Leonard
United States Magistrate Judge
December JJ_, 2013
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