Free Order - District Court of California - California

Case 3:08-cv-00440-H-JMA

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 On April 17, 2008, Magistrate Judge Adler conducted a telephonic Early Neutral Evaluation Conference in the abovecaptioned action. Counsel for the parties appeared telephoniv. AMERIPRIDE SERVICES, INC. et al., LLOYD MARTIN, et al., Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08-CV-0440-H (JMA) ORDER RE CONFERENCES UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

cally for the conference. A Settlement Conference/Case Management Conference will be held in the chambers of Magistrate Judge Jan M. Adler on June 23, 2008 at 2:00 p.m., Room 1165, United States Courthouse, 940 Front Street, San Diego, California 92101-8928. Counsel may submit

settlement statements directly to Magistrate Judge Adler's

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chambers no later than June 16, 2008.1

The parties may either

submit confidential settlement statements or may exchange their settlement statements. All named parties, all counsel, and any other person(s) whose authority is required to negotiate and enter into settlement shall appear in person at the conference. The individual(s)

present at the Settlement Conference with settlement authority must have the unfettered discretion and authority on behalf of the party to: 1) fully explore all settlement options and to

agree during the Settlement Conference to any settlement terms acceptable to the party (G. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989)), 2) change the settlement position of a party during the course of the Settlement Conference (Pitman v. Brinker Int'l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003)), and 3) negotiate a settlement without being restricted by any predetermined level of authority (Nick v. Morgan's Foods, Inc., 270 F.3d 590, 596 (8th Cir. 2001)). Governmental entities may appear through litigation counsel only. As to all other parties, appearance by litigation counsel Retained outside corporate counsel shall

only is not acceptable.

not appear on behalf of a corporation as the party who has the authority to negotiate and enter into a settlement. The failure

of any counsel, party or authorized person to appear at the Settlement Conference as required shall be cause for the immediate imposition of sanctions. All conference discussions will be

informal, off the record, privileged, and confidential.

Statements may be delivered directly to chambers, e-mailed to [email protected], or faxed to (619) 702-9939. 2
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Rule 26 of the Federal Rules of Civil Procedure to applies to this case. All discovery shall be stayed until after the Rule

26(f) conference, unless otherwise permitted by Rule 26(f) or court order. In the event the case does not settle at the Settlement Conference, the parties shall also be prepared to discuss the following matters at the conclusion of the conference: 1. Any anticipated objections under Federal Rule of Civil

Procedure 26(a)(1) to the initial disclosure provisions of Rule 26(a)(1)(A-E); 2. 3. The scheduling of the Rule 26(f) conference; The date of initial disclosures and the date for

lodging the discovery plan following the Rule 26(f) conference; and 4. The scheduling of a Case Management Conference pursuant

to Rule 16(b). Questions regarding this case may be directed to the Magistrate Judge's law clerk at (619) 557-5585. IT IS SO ORDERED. DATED: April 17, 2008 Jan M. Adler U.S. Magistrate Judge

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