United States of America v. Waupaca County
Filing
30
ORDER RE: Mediation/Settlement Conference set for 3/21/2012 10:00 AM before Magistrate Judge James R Sickel. (cc: all counsel)(Sickel, James)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
JULIE ANN THOBABEN,
Intervenor Plaintiff,
v.
Case No. 11-C-589
WAUPACA COUNTY,
Defendant.
ORDER RE: MEDIATION/SETTLEMENT CONFERENCE
On February 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 March 21, 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 29, 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 March 7, 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 March 14, 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 March 14, 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 February, 2012.
s/ James R. Sickel
JAMES R. SICKEL
United States Magistrate Judge
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