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Adan v. U.S. Security Associates, Inc.

United States District Court, S.D. California

November 16, 2017

MOHAMED S. ADAN, Plaintiff,
v.
U.S. SECURITY ASSOCIATES, INC., et al., Defendants.

          ORDER SETTING MANDATORY SETTLEMENT CONFERENCE

          HON. JILL L. BURKHARD, UNITED STATES MAGISTRATE JUDGE.

         The Court hereby SETS a Mandatory Settlement Conference (“MSC”) for February 1, 2018, at 9:00 AM in the Chambers of Magistrate Judge Jill L. Burkhardt, Edward J. Schwartz U.S. Courthouse, 221 West Broadway, Suite 5140, San Diego, California 92101.

         The following are mandatory directions for the parties preparing for the MSC. Absent express permission obtained from this Court, and notwithstanding the pendency of any motion, counsel shall timely comply with the dates and deadlines ordered herein.

         1. Purpose of Conference:

         The purpose of the MSC is to permit an informal discussion between the attorneys, parties, and the settlement judge of every aspect of the lawsuit in an effort to achieve a resolution of the case. All conference discussions will be informal, off the record, privileged and confidential. Counsel for any non-English speaking parties is responsible for arranging for the appearance of an interpreter at the 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 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 MSC.

         Unless there are extraordinary circumstances, persons required to attend the 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 MSC 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 conference. In the case of a corporate entity, an authorized representative of the corporation 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 conference without consulting a superior. Counsel for a United States government entity may be excused from this requirement so long as the government attorney who attends the MSC (1) has primary responsibility for handling the case, and (2) may negotiate settlement offers which the attorney is willing to recommend to the government official having ultimate settlement authority.

         4. MSC Statements Required:

         On or before January 29, 2018, 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.

         MSC 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. Requests to Continue or ...


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