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Saint Onge Orchids, LLC v. County of San Diego

United States District Court, S.D. California

April 7, 2017

Saint Onge Orchids, LLC, Plaintiff,
v.
County of San Diego, et al., Defendants.

          ORDER GRANTING JOINT MOTION TO CONTINUE EARLY NEUTRAL EVALUATION AND CASE MANAGEMENT CONFERENCE AND RELATED DATES [ECF NO. 6]

          Hon. Jill L. Burkhardt, United States Magistrate Judge

         Before the Court is the parties' Joint Motion to Continue Early Neutral Evaluation and Case Management Conference and Related Dates. (ECF No. 6.) The parties seek to continue the April 26, 2017 Early Neutral Evaluation (“ENE”) and Case Management Conferences and all related dates by 60 days. (Id. at 2.) For good cause shown, the Joint Motion is GRANTED in part. Accordingly, IT IS HEREBY ORDERED:

         1. The ENE Conference set for April 26, 2017, at 1:45 PM in the Chambers of Magistrate Judge Jill L. Burkhardt, Edward J. Schwartz U.S. Courthouse, 221 West Broadway, Suite 5140, San Diego, California 92101, is CONTINUED to June 14, 2017, at 9:00 AM. In the event the case does not settle at the ENE Conference, a Case Management Conference pursuant to Fed.R.Civ.P. 16(b) will be held at the conclusion of the ENE Conference.

         2. Personal Appearance of Parties Required:

         All parties, adjusters for insured defendants, and other representatives of a party having full settlement authority as explained below, and the principal attorneys responsible for the litigation, must be present in person and legally and factually prepared to discuss settlement of the case. Counsel appearing without their clients (whether or not counsel has been given settlement authority) will be cause for immediate imposition of sanctions and may also result in the immediate termination of the ENE Conference. If each of the principal attorneys responsible for the litigation is not listed on the docket as an “ATTORNEY TO BE NOTICED, ” then they each shall enter their appearance on the docket as soon as practicable, but in no event later than ten calendar days prior to the ENE Conference.

         Unless there are extraordinary circumstances, persons required to attend the ENE Conference pursuant to this Order shall not be excused from personal attendance. Requests for excuse from attendance for extraordinary circumstances shall be filed as a motion at least ten calendar days prior to the conference. Failure to appear at the ENE Conference will be grounds for sanctions.

         3. Full Settlement Authority Required:

         In addition to counsel who will try the case, a party or party representative with full settlement authority[1] must be present for the ENE Conference. In the case of an entity, an authorized representative of the entity who is not retained outside counsel must be present and must have discretionary authority to commit the company to pay an amount up to the amount of the Plaintiff's prayer (excluding punitive damages prayers). The purpose of this requirement is to have representatives present who can settle the case during the course of the ENE Conference without consulting a superior.

         4. ENE Statements Required:

         On or before June 5, 2017, the parties shall lodge statements of five pages or less directly to the chambers of Magistrate Judge Burkhardt outlining the nature of the case, the claims, the defenses, and the parties' positions regarding settlement of the case. The settlement position must include a specific and current demand or offer addressing all relief or remedies sought. If a specific demand or offer cannot be made at the time the brief is submitted, then the reasons therefor must be stated along with a statement as to when the party will be in a position to state a demand or offer. A general statement that a party will “negotiate in good faith, ” “offer a nominal cash sum, ” or “be prepared to make an offer at the conference” is not a specific demand or offer. The statement shall also list all attorney and non-attorney conference attendees for that side, including the name(s) and title(s)/position(s) of the party/party representative(s) who will attend and have settlement authority at the conference.

         ENE statements shall be lodged via email at efileburkhardt@casd.uscourts.gov. If exhibits are attached and the total submission amounts to more than 20 pages, a hard copy must also be delivered directly to chambers. Whether these statements are submitted confidentially or whether they are served on opposing counsel is within the parties' discretion. Statements of more than five pages will not be considered.

         5. Case Management Under the Amended Federal Rules:

         The parties are ordered to comply with Fed.R.Civ.P. 26 and proceed with the ...


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