United States District Court, S.D. California
MOHAMED S. ADAN, Plaintiff,
U.S. SECURITY ASSOCIATES, INC., et al., Defendants.
ORDER SETTING MANDATORY SETTLEMENT
JILL L. BURKHARD, UNITED STATES MAGISTRATE JUDGE.
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.
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.
Purpose of Conference:
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
Personal Appearance of Parties
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.
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.
Full Settlement Authority Required:
addition to counsel who will try the case, a party or party
representative with full settlement authority 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.
MSC Statements Required:
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.
statements shall be lodged via email at
email@example.com. 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.
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