Vane Line Bunkering Inc v. The Manitowoc Company Inc

Filing 48

ORDER RE: Mediation Hearing set for 2/23/2012 10:00 AM in Location: 125 S. Jefferson St., Green Bay, WI 54301 before Magistrate Judge James R Sickel. (cc: all counsel)(Sickel, James)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
VANE LINE BUNKERING INC,
Plaintiff(s),
v.

Case No. 11-C-240

THE MANITOWOC COMPANY INC, et al. ,
Defendant(s).

ORDER RE: MEDIATION/SETTLEMENT CONFERENCE

On November 7, 2011, United States District Judge William C. Griesbach referred the abovecaptioned action to this court, advising that all parties have authorization to mediate disposition of the
action. Based on this referral,
IT IS HEREBY ORDERED that:
1.

This court will conduct a mediation/settlement conference on February 23, 2012 at
10:00 a.m., in Room 102, Jefferson Court Building , 125 S. Jefferson St., Green Bay,
Wisconsin.
Pursuant to the order of United States District Judge Griesbach, the mediation will
focus on all issues necessary to fully resolve the case, including reasonable costs and
attorneys’ fees.

2.

In addition to counsel who will try the case being present, a person with full settlement
authority must likewise be present at the conference. This requirement contemplates
the presence of a party or, if a corporate entity, an authorized representative of the
party. This requirement contemplates having a person present who can settle the case
during the course of the conference without consulting a superior.

3.

Pre-Settlement Conference Demand and Offer. A settlement conference is more likely
to be productive if, before the conference, the parties have had a chance to discuss
settlement proposals. Consequently, prior to the conference, the attorneys are directed
to discuss settlement with their respective clients and insurance representatives.

In addition, on or before February 2, 2012, plaintiff’s counsel shall submit a written
settlement demand to the defendant’s counsel with a brief explanation of why such a
settlement is appropriate.
On or before February 9, 2012, defendant’s counsel shall submit a written offer to the
plaintiff’s counsel with a brief explanation of why such a settlement is appropriate.
On occasion, this process will lead directly to a settlement. If settlement is not
achieved, plaintiff’s counsel shall send copies or fax copies of these settlement
demand/offer letters directly to this court on or before February 16, 2012. These
settlement demand/offer letters shall be sent directly to my attention at U.S. District
Court, Jefferson Court Building, 125 S. Jefferson St. - Rm. 102, Green Bay, WI
54301-4541 (FAX number 920-884-3724). Because these settlement demand/offer
letters will not be a part of the court record in this case, they are not to be
electronically filed. However, copies are to be provided promptly to all counsel of
record.
4.

In addition, on or before February 16, 2012, a mediation/settlement conference
statement of each party must be submitted directly to my attention at U.S. District
Court, Jefferson Court Building, 125 S. Jefferson St. - Rm. 102, Green Bay, WI
54301-4541. This statement should set forth the relevant positions of the parties
concerning issues of fact, issues of law, damages, and the settlement negotiation
history of the case. Because this mediation/settlement conference statement will not
be a part of the court record in this case, it is not to be electronically filed and shall
be submitted to this court in paper copy. However, copies of the mediation/settlement
conference statement are to be promptly transmitted to all counsel of record. The
mediation/settlement conference statement shall not exceed five pages in length.

5.

Accompanying each party’s mediation/settlement statement to the court shall be a
separate ex parte letter to the court indicating the minimum requirement (or, if
applicable, maximum condition) of the party for which they would be willing to settle,
including damages and attorneys’ fees. This statement is kept confidential. The ex
parte letter is not to be electronically filed and shall be submitted to this court in
paper copy.

6.

The purpose of the mediation is to permit an informal discussion between the attorneys
and parties on all aspects of the lawsuit that bear on settlement. To promote a full and
open discussion, communications occurring during the mediation/settlement
conference cannot be used by any party with regard to any aspect of this litigation.

SO ORDERED.
Dated this 10th day of January, 2012.
s/ James R. Sickel
JAMES R. SICKEL
United States Magistrate Judge