United States District Court, D. Connecticut
SETTLEMENT CONFERENCE ORDER
Honorable Robert M. Spector, Judge.
case is scheduled for a settlement conference with the
Honorable Robert M. Spector, United States Magistrate Judge.
Local counsel should notify any pro hac vice counsel
of the date and time of the conference.
purpose of the settlement conference is to give parties the
opportunity to consider settlement before additional
litigation expenses and resources are expended. In their
representation of clients and fulfillment of obligations to
the Court, counsel is instructed to approach the conference
in good faith and with the preparation necessary to reach a
resolution of the matter. Counsel should arrive at the
conference ready to discuss a reasonable resolution of the
case consistent with its merits.
Court orders the parties to be present at the
conference. If a party is a legal entity rather than
an individual, a representative of the entity who is
fully authorized to decide all matters pertaining to
the case must be present. The Court will not hold a
settlement conference without all parties present.
Availability of a party by telephone is permissible only with
permission of the Court obtained well in advance of the
conference date. In cases where a party requires authority
from an insurer to settle the case, an insurance company
representative with full authority to settle the case
must be present. 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. Failure of a
party to comply with these requirements may result in the
imposition of sanctions.
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,
fourteen (14) days prior to the date of the
settlement conference, the plaintiff's counsel
shall serve a settlement demand upon counsel for the
defendant. The demand shall be accompanied by the
plaintiff's damages analysis and include a summary of
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 seven (7) days before the
conference. The defendant must make a counteroffer
prior to the settlement conference.
later than seven (7) days prior to the date of the settlement
conference, counsel for each party must submit to Judge
Spector an ex parte, confidential settlement
memorandum. This memorandum shall not exceed
10 double-spaced pages in length.
The settlement conference memorandum should set forth the
legal elements of the claims and defenses asserted, the
factual basis for these claims and defenses, what discovery
is anticipated, the time required to complete discovery, any
substantive motions contemplated, and the amount and nature
of demands and/or offers made to date.
conference memoranda are an opportunity for counsel to
explain-to present to the Court-the salient elements of the
litigation; counsel should not refer the Court to pleadings
already filed in the case. Counsel shall list
the names of all those who will be attending the conference,
including their job titles. In the event that Counsel, in
their discretion, feel certain exhibits are
necessary to assist the Court in
understanding the pertinent facts of the case, exhibits may
be submitted along with the settlement memorandum.
The Court notes that exhibits should be submitted
only when necessary and are not a substitute for a
memorandum and any exhibits can be submitted by email to
requests or questions relating to the settlement conference
must be made to Chambers in writing, or by telephone and
confirmed in writing. Continuances will be granted only for
good cause clearly shown. If a continuance is requested,
counsel making the request must first consult with counsel
for all other parties, and, in the event a continuance is
granted, must notify all parties of the new date and time.
scheduling of a settlement conference does not affect
existing deadlines and shall not delay discovery unless the
Court has entered a separate order to that effect.
case is resolved after the issuance of this Order, the
parties shall contact Judge Spector's Chambers before the
date of the conference to ...