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James Scott v. Janet A. Napolitano

July 11, 2011

JAMES SCOTT,
PLAINTIFF,
v.
JANET A. NAPOLITANO, SECRETARY, DEPARTMENT OF HOMELAND SECURITY,
DEFENDANT.



The opinion of the court was delivered by: Jan M. Adler U.S. Magistrate Judge

ORDER SCHEDULING SETTLEMENT CONFERENCE

IT IS HEREBY ORDERED that a Settlement Conference will be held in the chambers of Magistrate Judge Jan M. Adler on July 28, 2011 at 10:00 a.m., Room 1145, United States Courthouse, 940 Front Street, San Diego, California 92101-8928. Counsel shall submit settlement statements directly to Magistrate Judge Adler's chambers no later than July 21, 2011.*fn1 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 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 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 only is not acceptable. 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 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.

IT IS SO ...


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