Opinion
No. CV 01-9294 MMM (FMOx).
March 4, 2004
ORDER RE: SETTLEMENT PROCEEDINGS [LOCAL RULE 16-14]
TO ALL PARTIES AND COUNSEL OF RECORD:
The above matter was referred to United States Magistrate Judge Fernando M. Olguin for a Settlement Conference. The settlement proceedings will be in accordance with Local Rule 16-14.
The parties shall appear for the Settlement Conference at 2:00 p.m., Tuesday, April 29, 2003, in the United States Courthouse, 312 North Spring Street, Courtroom F, 9th Floor, Los Angeles, California.
IT IS ORDERED as follows:
1. All persons whose consent is necessary to conclude a settlement shall be present personally at the Settlement Conference. If a proposed settlement must be presented for approval to a board or committee, the person whose recommendation is normally followed by the board or committee must be the person present at the Settlement Conference.
2. Each party shall deliver to the chambers of the Magistrate Judge a Confidential Settlement Conference Statement on or before April 22, 2002 at 4:00 p.m. The Statement shall be in the form of a letter, and shall not exceed five (5) pages in length. The Statement shall be submitted in a sealed envelope clearly marked confidential, and shall not be filed. The Statement shall contain the following information: (a) a summary of the factual background of the case; (b) a summary of the important legal and factual issues presented by the case, and the submitting party's position on each issue; (c) a description of the damages or other relief sought by or against the submitting party; (d) a summary of the settlement negotiations or other means of alternative dispute resolution utilized prior to the date of the Statement, including the content and date of any offers of compromise made or received by the submitting party, and the content and date of any responses to such offers; (e) the trial date, the pre-trial conference date, the estimated length of trial, and whether a court or jury trial is contemplated; (f) the date(s) any party filed or intends to file any dispositive motion; and (g) any other relevant circumstances that counsel believe will assist the court in conducting the Settlement Conference.
3. Failure of any attorney, party or person with settlement authority to attend the Conference or otherwise comply with the requirements of Local Rule 16-14 and this Order may result in sanctions being imposed. The sanctions may include, but not be limited to, the fees and costs expended by the other parties in preparing and attending the Settlement Conference.