United States District Court, D. Connecticut
CALENDAR AND SETTLEMENT CONFERENCE ORDER
F. Martinez United States Magistrate Judge
settlement conference with the undersigned has been scheduled
in this case for August 30, 2017 at 1:00 p.m. in her
chambers, U.S. District Court, Room 262, 450 Main Street,
Hartford, Connecticut. Those in attendance at the conference
should be prepared to spend the remainder of the day at the
PARTIES WITH FULL AUTHORITY MUST ATTEND.
parties are hereby ORDERED to be present at the conference.
If a party is a legal entity, not an individual, a
representative of the party who is fully authorized to
decide all matters pertaining to the case shall be
present at the conference. The court will not hold a
settlement conference without all parties present. A party
may not participate by phone without express, advance
approval by the court. In cases where a party requires
authority from an insurer to settle the case, the party shall
ensure that an insurance company representative with full
authority to settle the case is present at the conference.
For a plaintiff, "full authority" means final
authority to dismiss the case with prejudice, and to accept
in settlement an amount or terms down to the defendant's
last offer. For a defendant, "full authority" means
final authority to commit a defendant to pay, in the
representative's own discretion, a settlement amount up
to the plaintiff's prayer or the plaintiff's last
demand, whichever is lower. The purpose of this requirement
is to have in attendance a person with both the authority and
independence to settle the case during the settlement
conference without consulting anyone not present. The
requirement that parties personally appear is intended to
increase the efficiency and effectiveness of the settlement
conference. Requests to excuse attendance are rarely granted.
Failure of a party with full authority to settle the
case to attend the conference may result in the
imposition of sanctions. See Nick v. Morgan's
Foods, 99 F.Supp.2d 1056, 1062-63 (E.D. Mo. 2000).
Counsel are ordered to advise their respective clients and
insurance company representatives of the Nick
decision. Not later than 14 days before the conference,
counsel shall disclose to all other parties a list of all
those who will be attending the conference, including their
EXCHANGE OF OFFERS AND DEMANDS.
conferences are often unproductive unless the parties have
exchanged offers and demands before the conference and made a
serious effort to settle the case on their own. Therefore,
not less than 14 days before the conference, the
plaintiff's counsel shall serve a settlement demand upon
counsel for the defendant. The demand shall be accompanied by
the plaintiff's analysis of damages and include a summary
of any outstanding liens. If the defendant disagrees with the
plaintiff's calculation of damages, the defendant's
counsel shall respond to the plaintiff's analysis not
later than 9 days before the conference. The defendant is
encouraged to make a settlement offer prior to the settlement
later than 7 days prior to the conference counsel shall
submit to chambers of the undersigned an ex parte,
confidential conference memorandum. The memorandum shall be
double spaced in no less than 12 point font and shall not
exceed 10 pages. It shall include the following: (A) a list
of the claims and defenses; (B) the legal elements of the
claims and defenses; (C) the evidence in support of the
claims and defenses; (D) a damages analysis; (E) a discussion
of the strengths and weaknesses of the case; (F) the status
of the case, including the discovery remaining and
substantive motions filed or contemplated; (G) a summary of
any insurance coverage, including whether the terms of the
policy exclude any parties or claims; (H) a summary of any
outstanding liens, including the lien amount, the lienholder,
and any expected compromises of the lien; (I) settlement
negotiations to date; (J) a discussion of the parties'
incentives and impediments to settlement; and (K) a list of
all those who will attend the conference, including job
titles if pertinent to the case. Prior to submission of the
ex parte memorandum, counsel shall disclose to
opposing counsel a list of all those who will be attending
the conference. The plaintiff's counsel shall attach a
copy of the complaint to the plaintiff's ex
may submit their ex parte memoranda to chambers by
any of the following methods: email to Law Clerk Amy
Constantine at firstname.lastname@example.org; fax
to (860) 240-3614; or mail to Abraham Ribicoff Federal
Building, United States Courthouse, 450 Main Street - Suite
262, Hartford, CT 06103.
REQUESTS PERTAINING TO THE CONFERENCE.
requests pertaining to the conference shall be made to the
chambers of the undersigned in writing, or by telephone
confirmed in writing, no later than 10 days from the date of
this order. Any counsel requesting continuances, which will
be considered only for good cause shown, shall consult with
all opposing counsel before making the request and, in the
event of a continuance, shall notify all parties of the new
date and time.
DUE DATES REMAIN IN PLACE.
are reminded that the scheduling of a settlement conference
does not affect existing deadlines and shall not ...