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Highfields Capital I LP v. Seaworld Entertainment, Inc.

United States District Court, S.D. California

January 8, 2020

HIGHFIELDS CAPITAL I LP, et al., Plaintiffs,
v.
SEAWORLD ENTERTAINMENT, INC., et al., Defendants.

          NOTICE AND AMENDED ORDER: (1) FOR EARLY NEUTRAL EVALUATION AND (2) SETTING RULE 26 COMPLIANCE AND CASE MANAGEMENT CONFERENCE

          HON. ANDREW G. SCHOPLER UNITED STATES MAGISTRATE JUDGE

         An Early Neutral Evaluation and Case Management Conference will be held in the Chambers of Magistrate Judge Andrew G. Schopler on March 17, 2020, at 9:00 a.m. Notwithstanding the pendency of any motion, the parties must timely comply with the following dates, deadlines, and mandatory instructions:

         1. Directions to Chambers:

         Judge Schopler's Chambers are located at the Edward J. Schwartz U.S. Courthouse, 221 West Broadway, Suite 5160, San Diego, California 92101. Do not report to Courtroom 5C; report to Chambers. In order to gain access to Chambers, the parties should take the elevator to the 5th Floor, turn to face the wooden double doors (labeled “Authorized Personnel Only” and “5150”), and press the wall buzzer labeled#15 JUDGE SCHOPLER.”

         2. Mandatory Personal Appearances:

         All parties and lead attorneys must appear in person at the ENE. A party that is a business, organization, or other entity must have at least two people appear in person at the ENE: (1) the party's representative (someone other than the lead attorney) who has full settlement authority and (2) its lead attorney. In addition, anyone else needed to authorize full settlement must appear in person. Government entities are excused from this personal-appearance requirement, so long as their lead attorney appears in person and has the power to recommend a resolution to the ultimate settlement authority.

         3. Interpreters:

         If a party is not fluent in English, that party's counsel must ensure that an appropriate Court-certified interpreter appears in person at the ENE. If a non-English-speaking party is not represented by counsel, that party must ensure that an appropriate Court-certified interpreter appears in person at the ENE.

         4. Notice of Specific Settlement Impediments:

         If either party identifies a specific impediment to meaningful settlement discussions-for instance, a need to investigate an accident site or take a specific individual's deposition-it shall so inform the Court at the earliest possible opportunity, but no later than the deadline for the Joint Discovery Plan and ENE statement. The Court may then set a telephonic status conference to discuss the matter or take other action.

         5. ENE Statements:

         By the below-listed date, the parties must email their ENE statements to efileschopler@casd.uscourts.gov. Each statement, which is limited to five pages, must outline:

a. All ENE attendees for that side, including their names, titles, ...

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