Opinion
Civil Action No. 12-cv-00236-REB-KMT
01-24-2013
Magistrate Judge Kathleen M. Tafoya
ORDER
This matter is before the court on the "Joint Motion for Court Supervised Settlement Conference" [Doc. No. 15] filed January 22, 2013. In order to more fully evaluate the motion,
It is hereby ORDERED
Counsel for both parties shall prepare and submit two settlement documents: one to be submitted to the other party or parties, and one Confidential Settlement Statement to be submitted by e-mail only to Magistrate Judge Kathleen M. Tafoya. The documents which are presented to opposing counsel shall contain an overview of the case from the presenter's point of view, shall summarize the evidence which support that side's claims, and may present a demand or offer. These documents should be intended to persuade the clients and counsel on the other side.
The Confidential Settlement Statement prepared for and presented to Magistrate Judge Tafoya should contain the following information:
1. A summary of the evidence, including:
a. a numbered list of the known significant disputed issues of fact; and2. A candid assessment of the case from the presenter's point of view.
b. a numbered list of the known significant disputed legal issues.
3. Remarks toward any perceived weaknesses in the case.
4. An accurate and complete history of settlement negotiations, including dates, if known, and amounts of demands and offers.
5. A computation of damages, including the theory of calculation and any legal limitations on damages, and a demand or offer each client will accept or pay in settlement (including any essential non-economic terms).
6. Any observations or additional information which would be helpful to Magistrate Judge Tafoya in assisting the parties to negotiate a settlement.
The document is to be emailed to Magistrate Judge Tafoya (not submitted for filing to the court) at Tafoya_Chambers@cod.uscourts.gov , in accordance with the electronic filing procedures of this court, and shall contain copies of the materials submitted to the other parties. These settlement documents shall be submitted on or before February 4, 2013.
BY THE COURT:
_________________
Kathleen M. Tafoya
United States Magistrate Judge