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Nicholas Deck, Individually and On Behalf of Others Similarly Situated v. Miramar Federal Credit Union

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


May 24, 2011

NICHOLAS DECK, INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
MIRAMAR FEDERAL CREDIT UNION, FLIGHTDECK FINANCIAL SERVICES, AND DOES 1-10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Louisa S Porter United States Magistrate Judge

ORDER SCHEDULING MANDATORY SETTLEMENT CONFERENCE

On May 23, 2011, the Court held a Mandatory Settlement Conference.

The case did not settle. Based thereon and good cause appearing, IT IS HEREBY ORDERED that a Mandatory Settlement Conference shall be held on October 14, 2011 at 10:00 a.m. in the chambers of the Honorable Louisa S Porter.

Counsel shall exchange supplemental settlement statements and lodge them directly with the chambersof Judge Porter on or before October 7, 2011. In addition, counsel may lodge confidential settlement statements, if any, directly with Judge Porter's chambers. The settlement statements should include a neutral factual statement of the case, identify controlling legal issues, and concisely set out issues of liability and damages, including any settlement demands and offers to date and addressing special and general damages where applicable. The settlement statements shall not be filed with the Clerk of the Court. The settlement statements may be lodged with chambers via e-mail to: efile_Porter@casd.uscourts.gov.

All parties and claims adjusters for insured defendants and representatives with complete authority*fn1 to enter into a binding settlement, as well as the principal attorney responsible for the litigation, shall be present and legally and factually prepared to discuss and resolve the case at the settlement conference. Corporate counsel and/or retained outside corporate counsel shall not appear on behalf of a corporation as the party who has the authority to negotiate and enter into a settlement. The parties must be legally and factually prepared to discuss and resolve the case at the mandatory settlement conference. All conference discussions will be informal, off the record, privileged and confidential.

Mandatory settlement conferences shall not be rescheduled without a showing of good cause and adequate notice to the Court. If counsel wish to reschedule this conference, they shall contact the Court at least 10 days prior to the conference. Absent exceptional circumstances, the Court will not reschedule this conference with less than 10 days notice. Only in extreme circumstances will the Court reschedule a mandatory settlement conference with less than 24 hours notice.

IT IS SO ORDERED.

cc: The Honorable Roger T. Benitez All parties


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