Free Order - District Court of California - California

Case 3:08-cv-00431-WQH-JMA

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court convened an Early Neutral Evaluation Conference on August 29, 2008 at 10:00 a.m. IT IS HEREBY ORDERED: 1. A Settlement Conference will be held in the chambers of ROBERT DILWORTH, an individual, ) and CHRISTINA DILWORTH, an ) individual, ) ) Plaintiffs, ) ) v. ) ) GENERAL ELECTRIC COMPANY, a New ) York Corporation; et al., ) ) Defendants. ) ) ) Case No. 08-CV-0431-WQH (JMA) ORDER SCHEDULING 1) SETTLEMENT CONFERENCE AND 2) TELEPHONIC CASE MANAGEMENT CONFERENCE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Magistrate Judge Jan M. Adler on November 4, 2008 at 10:00 a.m., Room 1165, United States Courthouse, 940 Front Street, San Diego, California 92101-8928. Counsel shall submit settlement state-

ments directly to Magistrate Judge Adler's chambers no later than

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Case 3:08-cv-00431-WQH-JMA

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October 28, 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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2.

A telephonic Case Management Conference will be held on Counsel for each party shall The Court will initiate the

October 21, 2008 at 9:30 a.m. participate in the conference. conference call. IT IS SO ORDERED. DATED: August 29, 2008

Jan M. Adler U.S. Magistrate Judge

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