Opinion
Case No. 2:03CV 950 PGC.
June 17, 2004
ORDER
Pursuant to the order of District Judge Paul G. Cassell that a settlement conference be scheduled by July 15, 2004, and upon telephonic stipulation of the parties requesting that the date be extended for the settlement conference until the end of August,
IT IS HEREBY ORDERED that an extension for the settlement conference before the undersigned is granted and the date set for the settlement conference is August 27, 2004, from 10:00 a.m. through 12:00 noon in the ADR Suite, Room 405, at the U.S. Courthouse, 350 South Main Street, Salt Lake City, Utah.
IT IS HEREBY ORDERED:
Participation of Parties: The litigants are required to be personally present along with counsel if so represented. Counsel is required to have final settlement authority. A litigant with complete settlement authority must be physically present and participate in the settlement conference for the entire time period.
Case Status Report: Counsel shall meet and confer, and at least ten(10) days before the settlement conference, the parties shall deliver an agreed case status report directly to the Magistrate Judge at Room 431, U.S. Courthouse, 350 South Main Street, Salt Lake City, Utah 84101. The agreed case status report shall include the following:
1. A brief statement of the facts of the case;
2. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which the claims are founded, and relief sought;
3. A brief statement of the facts and issues upon which the parties agree and a description of the major issues in dispute; and
4. A summary of relevant proceedings to date including rulings on motions and motions outstanding.Confidential Settlement Conference Statement: At least ten(10) days before the settlement conference, each party shall separately lodge with the Magistrate Judge a confidential settlement conference statement including:
A. A forthright evaluation of the party's likelihood of prevailing on the claims and defenses;
B. An estimate of the cost and time to be expended for further discovery, pretrial and trial;
C. Identification of any discrete issues which, if resolved, would aid in the settlement of the case; and
D. The party's position on settlement, including present demands and offers and history of past settlement discussions, offers and demands.
The confidential settlement conference statement should be delivered directly to the Magistrate Judge. Copies of the confidential settlement conference statement shall not be filed with the Clerk of the Court, nor served upon the other parties or counsel. The Court and its personnel shall not permit other parties or counsel to have access to these confidential settlement conference statements. Confidentiality: No report of proceedings, including any statement made by a party, attorney, or other participants in the settlement conference may be reported, recorded, placed in evidence, made known to the trial court or jury, or construed for any purpose as an admission unless otherwise discoverable. Pursuant to DUCivR 16-3(d), a written report for the purposes of informing the referring judge whether or not the dispute has been settled is the only permissible communication allowed with regard to the settlement conference. No party will be bound by anything agreed upon or spoken at the conference except as provided in a written settlement agreement. No participant in the settlement conference may be compelled to disclose in writing or otherwise, or to testify in any proceeding, as to information disclosed or representations made during the settlement conference process, except as required by law.
For questions related to the conference, counsel may contact Chambers, (801) 524-3290.