M.J. v. La Maestra Family Clinic Inc.

[7] 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA [10] Case No.: 23-cv-395-W-BLM 11 M.J., 12 Plaintiff, ORDER SETTING MANDATORY SETTLEMENT CONFERENCE 13 v. 14 UNITED STATES OF AMERICA, et al., 15 Defendants. [16] 17 On March 25, 2024, the Court conducted a Mandatory Settlement Conference in which 18 the case did not settle; however, the Court and parties agreed that another Mandatory 19 Settlement Conference would be beneficial. See ECF No. 35. Accordingly, it is ORDERED that 20 the parties appear for a Mandatory Settlement Conference (“MSC”) to be held via 21 videoconference on September 3, 2024 at 1:30 p.m. before the Honorable Barbara L. Major, 22 United States Magistrate Judge. All discussions at the Mandatory Settlement Conference will be 23 informal, off the record, privileged, and confidential. Counsel for any non-English speaking party 24 is responsible for arranging for the appearance of an interpreter at the conference. 25 a. Personal Appearance of Parties Required: All parties, adjusters for 26 insured defendants, and other representatives of a party having full and complete authority to 27 enter into a binding settlement, as well as the principal attorneys responsible for the litigation, 1 of the case. Counsel appearing without their clients (whether or not counsel has been given 2 settlement authority) will be cause for immediate imposition of sanctions and may also result in 3 the immediate termination of the conference. 4 Unless there is good cause, persons required to attend the conference pursuant to this 5 Order shall not be excused from personal attendance. Requests for excuse from attendance for 6 good cause shall be made in writing at least three (3) court days prior to the conference. Failure 7 to appear in person at the Mandatory Settlement Conference will be grounds for sanctions. 8 b. The Court will use its official Zoom video conferencing account to hold the 9 MSC. IF YOU ARE UNFAMILIAR WITH ZOOM: Zoom is available on computers through a 10 download on the Zoom website (https://zoom.us/meetings) or on mobile devices through the 11 installation of a free app.1 Joining a Zoom conference does not require creating a Zoom 12 account, but it does require downloading the .exe file (if using a computer) or the app (if using 13 a mobile device). Participants are encouraged to create an account, install Zoom, and familiarize 14 themselves with Zoom in advance of the MSC.2 There is a cost-free option for creating a Zoom 15 account. 16 c. Prior to the start of the MSC, the Court will e-mail each MSC participant an 17 invitation to join a Zoom video conference. Again, if possible, participants are encouraged to 18 use laptops or desktop computers for the video conference, as mobile devices often offer inferior 19 performance. Participants shall join the video conference by following the ZoomGov Meeting 20 hyperlink in the invitation. Participants who do not have Zoom already installed on their 21 device will be prompted to download and install Zoom before proceeding when they 22 click on the ZoomGov Meeting hyperlink. Zoom may then prompt participants to enter the [24] 25 1 Participants should use a device with a camera to fully participate in the video conference. If possible, participants are encouraged to use laptops or desktop computers for the video [26] conference, as mobile devices may offer inferior performance. [27] 2 For help getting started with Zoom, visit: https://support.zoom.us/hc/en1 password included in the invitation. All participants will be placed in a waiting room until the 2 MSC begins. 3 d. Each participant should plan to join the Zoom video conference at least five 4 minutes before the start of the MSC to ensure that the MSC begins promptly at 1:30 p.m. The 5 Zoom e-mail invitation may indicate an earlier start time, but the MSC will begin at 6 the Court-scheduled time. 7 e. Zoom’s functionalities will allow the Court to conduct the MSC as it ordinarily 8 would conduct an in-person MSC. That is, the Court will begin the MSC with all participants 9 joined together in a main session. After an initial discussion in the main session, the Court will 10 divide participants into separate, confidential sessions, which Zoom calls Breakout Rooms.3 In 11 a Breakout Room, the Court will be able to communicate with participants from a single party in 12 confidence. Breakout Rooms will also allow parties and counsel to communicate confidentially 13 without the Court. 14 f. No later than August 27, 2024, counsel for each party must send an e15 mail to the Court at efile_Major@casd.uscourts.gov containing the following: 16 a. The name and title of each participant, including all parties and party 17 representatives with full settlement authority, claims adjusters for insured defendants, and the 18 primary attorney(s) responsible for the litigation; 19 b. An e-mail address for each participant to receive the Zoom video conference 20 invitation; and 21 c. A telephone number where each participant may be reached so that if 22 technical difficulties arise, the Court will be in a position to proceed telephonically instead of by 23 video conference. (If counsel prefers to have all participants of their party on a single conference 24 call, counsel may provide a conference number and appropriate call-in information, including an [27] 3 For more information on what to expect when participating in a Zoom Breakout Room, visit: 1 access code, where all counsel and parties or party representatives for that side may be reached 2 as an alternative to providing individual telephone numbers for each participant.) 3 g. All participants must display the same level of professionalism during the 4 MSC and be prepared to devote their full attention to the MSC as if they were attending in 5 person. Because Zoom may quickly deplete the battery of a participant’s device, each participant 6 should ensure that their device is plugged in or that a charging cable is readily available during 7 the video conference. 8 h. Full Settlement Authority Required: In addition to counsel who will try 9 the case, a party or party representative with full settlement authority4 must be present for the 10 conference. In the case of a corporate entity, an authorized representative of the corporation 11 who is not retained outside counsel must be present and must have discretionary authority to 12 commit the company to pay an amount up to the amount of Plaintiff's prayer (excluding punitive 13 damages prayers). The purpose of this requirement is to have representatives present who can 14 settle the case during the course of the conference without consulting a superior. Counsel for 15 a government entity may be excused from this requirement so long as the government attorney 16 who attends the Mandatory Settlement Conference (1) has primary responsibility for handling 17 the case, and (2) may negotiate settlement offers which the attorney is willing to recommend 18 to the government official having ultimate settlement authority. 19 i. Confidential Settlement Statements Required: No later than August 20 27, 2024, the parties shall submit directly to Magistrate Judge Major's chambers (via hand 21 delivery or email address) confidential settlement statements no more than ten (10) pages in [23] 4 "Full settlement authority" means that the individuals at the settlement conference must be 24 authorized to explore settlement options fully and to agree at that time to any settlement terms acceptable to the parties. Heileman Brewing Co. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th 25 Cir. 1989). The person needs to have "unfettered discretion and authority" to change the settlement position of a party. Pitman v. Brinker Int'l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. [26] 2003). The purpose of requiring a person with unlimited settlement authority to attend the 27 conference contemplates that the person's view of the case may be altered during the face to face conference. Id. at 486 . A limited or a sum certain of authority is not adequate. See Nick 1 |/length. These confidential statements shall not be filed or served on opposing 2 ||counsel. Each party's confidential statement must set forth the party's statement of the case, 3 || identify controlling legal issues, concisely set out issues of liability and damages, and shall set 4 || forth the party's settlement position, including any previous settlement negotiations, mediation 5 || sessions, or mediation efforts, the last offer or demand made by that party, and a separate 6 || statement of the offer or demand the party is prepared to make at the settlement conference. 7 || If a specific demand or offer for settlement cannot be made at the time the brief is submitted, 8 || then the reasons therefore must be stated along with a statement as to when the party will be 9 |/in a position to state a demand or make an offer. 10 General statements that a party will "negotiate in good faith" is not a specific demand or 11 || offer contemplated by this Order. It is assumed that all parties will negotiate in good faith. 12 j. Requests to Continue a Mandatory Settlement Conference: Any 13 || request to continue the Mandatory Settlement Conference or request for relief from any of the 14 || provisions or requirements of this Order must be sought by a written ex parte application. 15 || The application must (1) be supported by a declaration of counsel setting forth the reasons and 16 || justifications for the relief requested, (2) confirm compliance with Civil Local Rule 83.3(h), and 17 report the position of opposing counsel or any unrepresented parties subject to the Order. 18 ||Absent good cause, requests for continuances will not be considered unless 19 ||submitted in writing no fewer than (7) days prior to the scheduled conference. 20 If the case is settled in its entirety before the scheduled date of the 21 ||conference, counsel and any unrepresented parties must still appear in person, 22 unless a written joint notice confirming the complete settlement of the case is filed 23 ||no fewer than twenty-four (24) hours before the scheduled conference. 24 IT IS SO ORDERED. 25 ||Dated: 3/25/2024 lobe Mager 26 Hon. Barbara L. Major United States Maqistrate Judde