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Demosthenidy v. Finley Engineering Group

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 20, 2007

JEAN-CLAUDE DEMOSTHENIDY, AN INDIVIDUAL DOING BUSINESS AS INTERACTIVE DESIGN SYSTEMS, PLAINTIFFS,
v.
FINLEY ENGINEERING GROUP, INC., A FLORIDA CORPORATION; DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Barbara L. Major United States Magistrate Judge

ORDER DENYING DEFENDANT FINLEY'S REQUEST AND CONVERTING EARLY NEUTRAL EVALUATION CONFERENCE TO TELEPHONIC CONFERENCE and RELATED COUNTERCLAIM

By order dated December 6, 2007, this Court set an Early Neutral Evaluation Conference (ENE) for January 14, 2008 at 1:30 p.m. On December 17, 2007, Defendant/Counterclaimant Finley Engineering Group, Inc. ("Finley") filed a request for permission to have its corporate representative and adjuster appear by telephone for the ENE. Doc. No. 8.

Based on the Court's preliminary review of the pleadings, it appears that some discovery and expert analysis will be necessary in this case before meaningful settlement discussions can occur. Accordingly, the Court DENIES Finley's request, but finds it appropriate to convert the January 14, 2008 ENE to a telephonic, attorneys-only conference. The Court will initiate the call on January 14, 2008 at 1:30 p.m.

The parties still are required to submit confidential statements of no more than ten (10) pages*fn1 in length directly to the chambers of the Honorable Barbara L. Major no later than five (5) court days prior to the ENE. These confidential statements shall not be filed or served on opposing counsel. Each party's confidential statement must include the following:

a. A brief description of the case, the claims and/or counterclaims asserted, and the applicable defenses or position regarding the asserted claims;

b. A specific and current demand or offer for settlement addressing all relief or remedies sought. If a specific demand or offer for settlement cannot be made at the time the brief is submitted, then the reasons therefore must be stated along with a statement as to when the party will be in a position to state a demand or make an offer; and

c. A brief description of any previous settlement negotiations, mediation sessions, or mediation efforts.

General statements that a party will "negotiate in good faith" is not a specific demand or offer contemplated by this Order. It is assumed that all parties will negotiate in good faith.

IT IS SO ORDERED.


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