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`SETTLEMENT CONFERENCE STANDING ORDER
` MAGISTRATE JUDGE NATHANAEL M. COUSINS
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`SCHEDULING
`To coordinate scheduling, please contact courtroom deputy Lili Harrell at
`Lili_Harrell@cand.uscourts.gov or 408.535.5343. Settlement conferences typically are held on
`Tuesdays and Thursdays at 9:30 a.m or 1:00 p.m.
`
`Due to the Covid public health emergency, settlement conferences will be held by Zoom or
`telephone and not in person. The Court will provide additional access information before the
`settlement conference.
`
`
` A
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` party seeking to continue a settlement conference must file a request in ECF as soon as
`possible after meeting and conferring with opposing counsel. The request must demonstrate a
`compelling reason for the continuance and state whether the opposing parties object to the
`continuance. Any party that objects to the continuance must file an opposition in ECF within
`two days of the filing date of the request.
`
`
`Contact courtroom deputy Lili Harrell immediately if the case settles before the settlement
`conference.
`
`PERSONS REQUIRED TO ATTEND SETTLEMENT CONFERENCE
`All parties and their counsel are required to attend the settlement conference in person, not by
`telephone. Non-natural persons must be represented by a person with unlimited authority to
`negotiate a settlement. An insured party must appear with a representative of the carrier with full
`authority to negotiate up to the limits of coverage. A person who must call another person not
`present at the conference before agreeing to a settlement does not have unlimited authority.
`
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`SETTLEMENT CONFERENCE STATEMENT
`No later than seven days prior to the conference, each party must submit a settlement conference
`statement via email in PDF format to ncpo@cand.uscourts.gov. Each party must also serve its
`statement on opposing counsel. The statement must not be filed in ECF. The statement must
`include:
`
`(a)
`(b)
`(c)
`
`the identity of the attorney(s) and clients attending the settlement conference;
`a brief statement of the facts of the case;
`a brief statement of the claims and defenses raised, including statutory or other grounds
`upon which the claims are founded;
`a candid evaluation of the parties’ likelihood of prevailing on the claims and defenses;
`
`(d)
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`
`
`
`
`Case 3:17-cv-05659-WHA Document 637-1 Filed 12/03/20 Page 2 of 2
`
`(e)
`
`(f)
`(g)
`(h)
`(i)
`
`a description of the major issues in dispute and any discrete issue that, if resolved, would
`facilitate the resolution of the case;
`a summary of the proceedings to date;
`a listing of all pending motions;
`the relief sought;
`the party’s position on settlement, including present demands, offers, and a history of past
`settlement discussions.
`
`
`
`No further materials should be submitted to the Court unless requested.
`
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`IT IS SO ORDERED.
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`Updated: August 20, 2020
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`
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`_____________________________
`Nathanael M. Cousins
`U.S. Magistrate Judge
`
`
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