Hert v. Aurora Health Care Inc et al
Filing
37
ORDER RE: Mediation Hearing set for 5/30/2012 10:00 AM before Magistrate Judge James R Sickel. (cc: all counsel)(Sickel, James)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MICHAEL A HERT,
Plaintiff(s),
v.
Case No. 11-C-469
AURORA HEALTH CARE INC, et al. ,
Defendant(s).
ORDER RE: MEDIATION/SETTLEMENT CONFERENCE
On April 16, 2012, 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 May 30, 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 May 10, 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 May 17, 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 May 24, 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 May 24, 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 16th day of April, 2012.
s/ James R. Sickel
JAMES R. SICKEL
United States Magistrate Judge
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