Free Order - District Court of Connecticut - Connecticut

\ _ _ Case 3:03-cv-00713-AWT D0cument12 Filed 01/07/2004 Page10f3 (
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( UNITED STATES DISTRICT COURT
y _ DISTRICT OF CONNECTICUT rzzv, ,,,\
( PATRICIA HOEY, i tw==·~-~;{; ?_,.
Plaintiff, : `“"“W " ·i·“ `*
I V. cAsE N0. 3:03cv7i3Q·_(ANT`)i.,_T{Y`,:`y`-?_§_1iQ
I JOHN E. POTTER, POSTMASTER E .'·I:UhMhlJL
GENERAL, UNITED STATES :
i POSTAL SERVICE, : .
Defendant. : X
CALENDAR AND SETTLEMENT CONFERENCE ORDER 4
This case is scheduled for a settlement conference with the \
undersigned on February 4, 2004 at 1:00 p.m. at her chambers at [
450 Main Street, Room 262, Hartford, Connecticut. Those in ,
attendance at the conference should be prepared to spend the Y
remainder of the day at the settlement conference. 1
I. PARTIES WITH FULL AUTHORITY MUST ATTEND. The parties are T
hereby ORDERED to be present at the conference. If a party is a i
legal entity, not an individual, a representative of the party i
who is fully authorized to decide all matters pertaining to the i
case shall be present at the conference. The court will not hold I
a settlement conference without all parties present. A party may N
not participate by phone without express, advance approval by the
court. In cases where a party requires authority from an insurer R
to settle the case, the party shall ensure that an insurance Q
company representative with full authority to settle the case is i
present at the conference. For a plaintiff, "full authority“ I
means final authority to dismiss the case with prejudice, and to
accept in settlement an amount or terms down to the defendant's Y
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· I · Case 3:03-cv-00713-AWT Document 12 Filed O1/O7/2004 Page 2 of 3
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‘ last offer. For a defendant, "full authority" means final
I authority to commit a defendant to pay, in the representative's
I own discretion, a settlement amount up to the plaintiff's prayer
I or the plaintiff's last demand, whichever is lower. The purpose I
I of this requirement is to have in attendance a person with both
I the authority and independence to settle the case during the I
settlement conference without consulting anyone not present. The I
I requirement that parties personally appear is intended to
I increase the efficiency and effectiveness of the settlement
conference. Failure of a party with full authority to settle the I
I gage to attend the conference may result in the imposition of #
sanctions. I
I II. E CHANGE OF OFFERS AND DEMANDS. Settlement conferences I
I are often unproductive unless the parties have exchanged offers I
I and demands before the conference and made a serious effort to I
I settle the case on their own. Therefore, not less than 14 days I
I before the conference, the plaintiff's counsel shall serve a I
I settlement demand upon counsel for the defendant. The demand I
I shall be accompanied by the plaintiff's analysis of damages. If I
the defendant disagrees with the plaintiff's calculation of I
damages, the defendant*s counsel shall respond to the plaintiff's I
I analysis not later than 7 working days before the conference.
I The defendant is encouraged to make a settlement offer prior to I
I the settlement conference. I
III. CONFERENCE MEMORANDA. Not later than five (5) working I
days prior to the conference counsel shall submit to chambers of I
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1 H Case 3:03-cv-00713-AWT Document 12 Filed O1/O7/2004 Page 3 of 3 1
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y the undersigned an gg parte, confidential conference memorandum. 1
. The memorandum shall be double spaced in no less than 12 point
1 font and shall not exceed 20 pages. It shall include the
1 following: (A) a list of the claims and defenses; (B) the legal
‘ elements of the claims and defenses; (C) the evidence in support 1
of the claims and defenses; (D) a damages analysis; (E) a 1
discussion of the strengths and weaknesses of the case; (F) the 1
status of the case, including the discovery remaining and 1
substantive motions filed or contemplated; and (G) settlement 1
negotiations to date. The plaintiff's counsel shall attach a 1
copy of the complaint to the plaintiff's eg parte memorandum. 1
IV. REQUESTS PERTAINING TO THE CONFERENCE. Any requests 1
pertaining to the conference shall be made to the chambers of the _ 1
undersigned in writing, or by telephone confirmed in writing, no E
later than 10 days from the date of this order. Any counsel E
requesting continuances, which will be considered only for good [
cause shown, shall consult with all opposing counsel before
1 making the request and, in the event of a continuance, shall 1
1 notify all parties of the new date and time. 1
1 SO ORDERED this _2;gLday of January, 2004 at Hartford, 1
Connecticut. _ I ' _,, y 1
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1 ` DONNA `F. `MARTINE-Z"”'“_—_H";“—__- 1
UNITED STATES MAGISTRATE JUDGE R
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rev.11/19/03 I
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