Whittier v. Seattle Tunnel Partners et al

Filing 235

ORDER Setting Settlement Conference. With the agreement of the parties to this action, a settlement conference shall commence on Wednesday, 1/24/2024 at 9:00 a.m., in the United States Courthouse located in Seattle. Settlement offer due 1/18/2024, Response to offer due 1/19/2024, In Camera letters due 1/23/2024. Signed by Magistrate Judge Alexander C Ekstrom. (SB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
DEVIN A. WHITTIER, individually,

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Plaintiff,

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v.

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No. 2:17-CV-00751-SAB
ORDER SETTING SETTLEMENT
CONFERENCE

SEATTLE TUNNEL PARTNERS, a
joint venture; and HARRIS REBAR
SEATTLE, INC., a Delaware
corporation,
Defendants.

--- ACTION REQUIRED --Settlement Offer due:
Response to Offer due:
In Camera Letters due:
Settlement Conference:

01/18/2024
01/19/2024
01/23/2024
01/24/2024

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With the agreement of the parties to this action, a settlement conference shall

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commence on Wednesday, January 24, 2024 at 9:00 a.m., before the

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undersigned, in the United States Courthouse located in Seattle: 700 Stewart

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Street, Seattle, Washington 98101.

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The purpose of the settlement conference is to permit an informal discussion

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among the attorneys, parties, non-party indemnitors or insurers, and this magistrate

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judge of every aspect of the lawsuit bearing on its settlement value.

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I.

MEDIATION FORMAT

Settlement conferences typically are scheduled for a full, uninterrupted

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business day. The Court generally will use a mediation format: that is, a joint

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introductory session followed by private caucusing by the Court with each side.

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The Court expects the parties and the party representatives to be fully prepared to
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participate. The Court encourages all parties to keep an open mind, to reevaluate

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their previous positions, and to discover creative means for resolving the dispute.

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Counsel who will try the case, and all named parties, must be physically

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present at this conference in Seattle, Washington, and ready to proceed at 9:00

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a.m. The person with full settlement authority must be available and must have the

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ability, within his or her discretion, to permit payment in full of the request for

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relief under the claims, counterclaims, and cross-claims, up to the limits of the

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opposing party’s settlement demand that is produced as a result of this order as

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provided below. The parties are responsible for timely advising any involved non-

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party insurance company of the requirements of this Order. This magistrate judge

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may, in his discretion, converse with the lawyers, the parties, the insurance

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representatives, or any one of them separately, prior to and during the conference.
II.

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SUBMISSIONS

On or before January 18, 2024, Plaintiff shall serve upon Defendants, with

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an in camera copy to the undersigned, a written offer of settlement, which includes

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monetary and non-monetary components, if any, with supporting reasons, and with

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an itemization of Plaintiff’s damages, unless an itemization of damages previously

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has been provided. On or before January 19, 2024, Defendants shall serve

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Defendants’ counter-offers and supporting reasons upon Plaintiff, and provide an

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in camera copy to the undersigned. Copies shall be emailed to:

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[e-mail]

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Failure to comply with this requirement may result in cancellation or
rescheduling of the settlement conference.
In preparation for the settlement conference, each party shall submit an in

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camera letter, labeled confidential, to the undersigned on or before 11:00 a.m.,

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PST, on January 23, 2024. Do not file copies of these letters on the court docket,

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and do not serve these letters on the opposing party. The in camera letters shall set

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forth the following:
ORDER SETTING SETTLEMENT CONFERENCE - 2

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Name and title of the client who will be present throughout the
conference and will be authorized to enter into a settlement
agreement, and the names and titles of any other persons who will
accompany the party to the conference;

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2.

A brief analysis of key issues involved in the litigation;

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3.

A description of the strongest and weakest points in the party’s case,
both legal and factual (the parties are invited to include as letter
attachments copies of key depositions);

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A description of the strongest and weakest points in the opponent’s
case, both legal and factual;

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Itemization of damages, fees, and costs;

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Status of any settlement negotiations, including the last settlement
proposal made by the party and opposing parties;

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Settlement proposal the party believes to be fair; and

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Settlement proposal the party is willing to accept to conclude the
matter and stop the expense of litigation.

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In camera copies shall be emailed to: [e-mail]

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Failure to submit an in camera letter may result in cancellation or rescheduling of

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the settlement conference.

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All communications made in connection with the settlement conference are

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confidential and will not be disclosed. Any documents requested and submitted for

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the settlement conference will be maintained in chambers and will be destroyed

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after the conference. Neither the settlement conference statements nor any

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communications occurring during the settlement conference can be used by any

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party with regard to any aspect of the litigation or trial of this case.

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III.

OTHER PROTOCOLS

The Court expects the parties to address each other with courtesy and

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respect. Parties are encouraged to be frank and open in their discussions. As a

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result, statements made by any party during the settlement conference are not to be

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used in discovery and will not be admissible at trial. The Court further expects the
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parties to proceed in good faith, to anticipate a settlement, and have available at the

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time of the conference a “settlement agreement” in a form acceptable to them for

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signature by all parties when a settlement is reached.

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IT IS SO ORDERED.

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DATED January 16, 2024.

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_____________________________________
ALEXANDER C. EKSTROM
UNITED STATES MAGISTRATE JUDGE

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