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Kevin Eugene Simmons v. Rite of Passage Athletic Training Centers and Schools

February 28, 2012

KEVIN EUGENE SIMMONS,
PLAINTIFF,
v.
RITE OF PASSAGE ATHLETIC TRAINING CENTERS AND SCHOOLS, ET AL.,
DEFENDANTS



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER REGARDING SETTLEMENT CONFERENCE PROCEDURES

Consideration of settlement is a serious matter that requires thorough preparation prior to the settlement conference. Provided below are the procedures this Court will employ when conducting the settlement conference scheduled for April 11, 2012, at 10:30 a.m.

A. Required Pre-Settlement Conference Communications A settlement conference is more likely to be productive if the parties have exchanged written settlement proposals in advance of the conference. Accordingly, at least twenty-one (21) calendar days prior to the settlement conference, plaintiff's counsel shall submit a written itemization of damages and a good faith settlement demand to defendant's counsel with a brief explanation of why the demand is appropriate. Thereafter, but no later than seven (7) calendar days prior to the settlement conference, defendant's counsel shall submit a good faith written offer to plaintiff's counsel with a brief explanation of why the offer is appropriate.

On occasion, this process will lead directly to a settlement. If settlement is not achieved, plaintiff's counsel shall deliver or fax copies of all settlement proposals along with his/her Confidential Settlement Conference Statement tochambers. Copies of these documents are not to be filed on the court docket.

B. Confidential Settlement Conference Statement

At least four (4) calendar days prior to the settlement conference, the parties shall submit the Confidential Settlement Conference Statement to Judge Austin's chambers via gsaorders@caed.uscourts.gov. This statement shall include the following:

1. A list of all elements of each cause of action or affirmative defense pled in the party's respective complaint or answer;

2. A brief statement identifying those facts that support each cause of action or affirmative defense;

3. A description outlining the factual and legal contentions upon which the parties agree or disagree;

4. A description identifying the impediments to settlement, including financial, emotional or legal concerns;

5. A summary of the settlement attempts to date;

6. A statement of the specific relief sought; and

7. A statement identifying any third party (i.e., lien holder, etc.) with a legal ...


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