Opinion
23-cv-1160 (JHR) (JW)
01-26-2024
TRUSTEES OF THE LOCAL 854 PENSION FUND, et al. Plaintiffs, v. BARRETT, et al. Defendants.
ORDER
JENNIFER E. WILLIS, United States Magistrate Judge:
This matter has been referred for settlement. Dkt. No. 53.
At a previous discovery conference, the Parties indicated a possible interest in a settlement conference. If the Parties are indeed interested in a settlement conference, they should contact Courtroom Deputy Christopher Davis via email by February 9th at WillisNYSDChambers@nysd.uscourts.gov to provide three mutually agreeable dates in March, April, and May. Any conference will be held in person at Courtroom 228, 40 Foley Square, New York, New York. Should the Parties not wish to schedule a settlement conference at this time, they should inform the Court via email by the same deadline.
Parties must attend in person with their counsel. Corporate Parties must send the person with decision-making authority to settle the matter to the conference. The Parties are required to prepare pre-conference submissions in accordance with Judge Willis's Standing Order for All Cases Referred for Settlement. These letters must be submitted five business days prior to the date of the conference. See § 3 of the Standing Order, (“no later than 5 business days before the conference, counsel for each party must send the Court by email a letter, marked “Confidential Material for Use Only at Settlement Conference,” which should not be sent to the other parties. The letter should be sent to WillisNYSDChambers@nysd.uscourts.gov. This ex parte letter must not exceed 3 pages... The letter should include, at a minimum, the following: (a) the history of settlement negotiations, if any, including any prior offers or demands; (b) your evaluation of the settlement value of the case and the rationale for it; (c) any case law authority in support of your settlement position; and (d) any other facts that would be helpful to the Court in preparation for the conference.”).
The Parties are also required to jointly fill out the attached form and submit it via email at least five business days prior to the conference.
Moreover, should either Party wish to discuss a possible declaration of bankruptcy, a limited ability to pay an award, or lack of access to cash to fund a settlement, the Parties are strongly encouraged to discuss such issues with opposing counsel prior to the settlement conference and to provide documents in their confidential ex parte letters that speak to their financial condition.
Finally, this Order does not adjust any of the other deadlines in the case.
SO ORDERED.
(Form Omitted)
(Form Omitted)