Opinion
MDL Case No. 2261 Case No. 11-md-2261-JM (JMA)
05-17-2012
In re: JIFFY LUBE INTERNATIONAL, INC., TEXT SPAM LITIGATION,
ORDER SCHEDULING SETTLEMENT CONFERENCE
A Settlement Conference will be held in the chambers of Magistrate Judge Jan M. Adler on June 4, 2012 at 2:00 p.m., United States Courthouse, 940 Front Street, San Diego, California 92101-8928. Counsel shall submit settlement statements directly to Magistrate Judge Adler's chambers no later than May 29, 2012. The parties may either submit confidential settlement statements or may exchange their settlement statements.
Statements under 20 pages in length, including attachments and exhibits, may be delivered directly to chambers, e-mailed to efile adler@casd.uscourts.gov, or faxed to (619) 702-9939. Statements exceeding 20 pages in length, including attachments and exhibits, must be delivered directly to chambers.
All named parties, all counsel, and any other person(s) whose authority is required to negotiate and enter into settlement shall appear in person at the conference. The individual(s) present at the Settlement Conference with settlement authority must have the unfettered discretion and authority on behalf of the party to: 1) fully explore all settlement options and to agree during the conference to any settlement terms acceptable to the party (G. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989)), 2) change the settlement position of a party during the course of the conference (Pitman v. Brinker Int'l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003)), and 3) negotiate a settlement without being restricted by any predetermined level of authority (Nick v. Morgan's Foods, Inc., 270 F.3d 590, 596 (8th Cir. 2001)).
The named plaintiffs, Defendant TextMarks, Inc., and Intervenor United States of America are excused from appearing at the Settlement Conference.
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Governmental entities may appear through litigation counsel only. As to all other parties, appearance by litigation counsel only is not acceptable. Retained outside corporate counsel shall not appear on behalf of a corporation as the party who has the authority to negotiate and enter into a settlement. The failure of any counsel, party or authorized person to appear at the Settlement Conference as required shall be cause for the immediate imposition of sanctions. All conference discussions will be informal, off the record, privileged, and confidential.
IT IS SO ORDERED.
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Jan M. Adler
U.S. Magistrate Judge