Free Order - District Court of California - California

Case 3:07-cv-02177-JM-JMA

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Filed 06/20/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

GARY L. WHEELOCK, Plaintiff, v. UNITED STATES OF AMERICA, et al.,

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Case No. 07-CV-2177-JM (JMA) ORDER SCHEDULING SETTLEMENT CONFERENCE

The Court convened a Settlement Conference on June 19, 2008 at 10:00 a.m. IT IS HEREBY ORDERED that a Settlement Conference shall be held on August 12, 2008 at 10:00 a.m. in the chambers of Magistrate Judge Adler. Counsel shall submit settlement

statements directly to Magistrate Judge Adler's chambers no later than August 6, 2008.1 The parties may either submit confidential

settlement statements or may exchange their settlement statements. All named parties, all counsel, and any other

Case 3:07-cv-02177-JM-JMA

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Filed 06/20/2008

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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 will result in the immediate imposition of sanctions. All conference discussions will be

informal, off the record, privileged, and confidential. IT IS SO ORDERED. DATED: June 19, 2008 Jan M. Adler U.S. Magistrate Judge

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