Kovanen v. Asset Realty LLC et al

Filing 21

ORDER RE: SETTLEMENT CONFERENCE WITH UNITED STATES MAGISTRATE JUDGE. The parties are directed to appear for a Settlement Conference to be held In-Person before the United States District Court for the Western District of Washington at Tacoma. The Conference will start at 9:00 AM on 03/27/2025 and will conclude no later than 3:00 PM. Signed by Judge Theresa L Fricke. (APH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DAVID J KOVANEN,

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v.

Plaintiff,

ASSET REALTY LLC et al.,

Case No. 3:25-cv-05078-LK
ORDER RE: SETTLEMENT
CONFERENCE WITH UNITED
STATES MAGISTRATE JUDGE

Defendants.

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This matter comes before the Court on the parties’ request for settlement

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conference and the Honorable Lauren King’s order granting the parties’ request,

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referring this case to the undersigned for settlement purposes. See Dkt. 18.

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Accordingly, the Court orders as follows:

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The parties are directed to appear for a Settlement Conference to be held

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In-Person before the United States District Court for the Western District of

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Washington at Tacoma. The Conference will start at 9:00 AM on March 27, 2025,

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and will conclude no later than 3:00 PM. The required settlement memoranda,

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more fully described below, are due no later than 1:30 PM on March 25, 2025.

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Persons with ultimate settlement authority must be personally present at the

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settlement conference or readily available by phone.

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Participation of parties at the settlement conference is likely to increase the

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efficiency and effectiveness of the settlement conference. A request to be exempt from

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ORDER RE: SETTLEMENT CONFERENCE WITH
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this requirement should be submitted to the Court in writing no later than noon on March

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21, 2025. Please address any request to Anna Mendoza, Judicial Law Clerk to

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Magistrate Judge Fricke, at [e-mail]. The email subject line

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should include your case number and “Request for non-appearance of a party.”

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Parties not appearing in person shall be available by phone and email (including

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the ability to review documents and sign) for the duration of the settlement conference.

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Any counsel appearing without authority to negotiate, or without the ability to

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readily contact the person with full and ultimate settlement authority throughout the

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settlement conference, may be sanctioned.

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Other people who may increase the probability of settling the case should be

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present, if possible. For example, the attendance of an expert may be helpful. Counsel

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assisting the client on related matters may need to be involved. At the very least,

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contact information should be available for them at the conference.

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The Court directs plaintiff to make a settlement demand on or before 5:00 PM on

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March 19, 2025 and defendant is directed to respond to that demand on or before 5:00

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PM on March 21, 2025.

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Each party shall provide, in confidence, a concise settlement memorandum no

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longer than ten double spaced pages and which should not include attachments

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or exhibits unless under extraordinary circumstances. Please do not file these

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confidential memoranda with the Clerk’s Office or serve the memoranda on opposing

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counsel. Each party’s confidential memoranda shall include a brief description of:

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1. any liability disputes;

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2. facts you believe you can prove at trial;

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ORDER RE: SETTLEMENT CONFERENCE WITH
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3. the monetary value at issue in the case;

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4. the major weaknesses in each side’s case, both factual and legal;

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5. the history of settlement negotiations thus far;

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6. the party’s settlement position;

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7. the major obstacle(s) to settlement as you perceive it;

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8. reference (by docket number) to any pending motions that would have a

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significant effect on settlement for the Court to review prior to settlement;

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9. special issues that may have a material bearing upon settlement discussions;

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and
10. any person(s) (with a description of their position or role) you plan to bring to
the settlement conference.
In setting forth your settlement position, please do not limit your discussion to

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arguments on the merits of your case. For the Court and the parties to be successful in

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the limited time provided for this settlement conference, you should provide the Court

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with a clear and candid understanding of your and your client’s actual evaluation of the

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interests, value, and monetary aspects that your client is most concerned about in any

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potential settlement of this case and an idea of terms under which you believe the case

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should settle.

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The memorandum shall include the case number, case name, and should be

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emailed directly to Magistrate Judge Fricke, at: [e-mail].

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The email subject line should read: “Confidential – Kovanen v. Asset Realty LLC et al, -

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March 27, 2025 – [Defendant/Plaintiff’s name] Settlement Position Paper.” Do not mail

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hard copies of the settlement memorandum to chambers.

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Counsel for the parties may be contacted by the Court to answer questions,

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clarify issues, and discuss other preliminary matters designed to ensure the conference

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itself is productive. Counsel may contact the Court by sending an email to Judicial Law

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Clerk Anna Mendoza at: [e-mail] if counsel would like to

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request an appointment with Magistrate Judge Fricke to address any matter they

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believe needs to be discussed in advance, including any request to use exhibits,

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technology-assisted presentations, or conduct lengthy opening statements.

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It is the duty of the parties to notify the Court if trial is continued or if the case is

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settled or otherwise disposed of prior to the date of the scheduled settlement

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conference, so that the matter may be removed from the Court’s docket.

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In the time period immediately preceding the settlement conference, if either

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party believes that negotiation attempts would not be fruitful at the time set for the

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conference for any reason, that party should contact the Court as soon as possible to

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discuss the concern. Counsel for the parties are strongly encouraged to engage in

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preliminary discussions with an eye toward meaningfully narrowing their disputes before

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appearing for the Conference.

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The Court expects that each participant will be well-prepared, open-minded, and

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sincerely interested in achieving settlement. To encourage open communication, the

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Court orders that all matters communicated in connection with this judicial settlement

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are confidential and not to be used for any other purpose.

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ORDER RE: SETTLEMENT CONFERENCE WITH
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Dated this 12th day of March, 2025.

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A

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Theresa L. Fricke
United States Magistrate Judge

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ORDER RE: SETTLEMENT CONFERENCE WITH
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