1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 MARTHA AL-KUDSY, et al., Case No.: 3:23-cv-01065-GPC-AHG 13 Plaintiffs, ORDER GRANTING JOINT MOTION TO CONTINUE EARLY 14 v. NEUTRAL EVALUATION 15 VONS COMPANIES INC., et al., CONFERENCE AND CASE MANAGEMENT CONFERENCE 16 Defendants.
17 [ECF No. 6] 18 Before the Court is the parties’ joint motion to continue the Early Neutral Evaluation 19 Conference (“ENE”) and Case Management Conference (“CMC”), presently scheduled for 20 July 19, 2023. ECF No. 6. The parties request that the ENE and CMC be rescheduled 21 because Defendants’ counsel will be travelling on a preplanned family vacation on that 22 date. Id. at 2; ECF No. 6-1 at 2. The Court appreciates the parties’ thorough motion and 23 declaration, and finds good cause to GRANT the joint motion. The Court orders as follows: 24 1. The ENE and CMC scheduled for July 19, 2023, are RESET for 25 August 29, 2023 at 2:00 p.m. via videoconference before Magistrate Judge 26 Allison H. Goddard. In accordance with the Local Rules, the Court requires attendance of 27 all parties, party representatives, including claims adjusters for insured defendants, and the 28 primary attorney(s) responsible for the litigation via videoconference. CivLR 16.1(c)(1). 1 2. Purpose of the Conference: The purpose of the ENE is to permit an informal 2 discussion between the attorneys and the settlement judge of every aspect of the lawsuit in 3 an effort to achieve an early resolution of the case. All conference discussions will be 4 informal, off the record, and confidential. 5 3. Full Settlement Authority Required: A party or party representative with 6 full and complete authority to enter into a binding settlement must be present via 7 videoconference. Full authority to settle means that a person must be authorized to fully 8 explore settlement options and to agree at that time to any settlement terms acceptable to 9 the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 10 1989). The person needs to have “unfettered discretion and authority” to change the 11 settlement position of a party. Pitman v. Brinker Int’l, Inc., 216 F.R.D. 481, 485–86 (D. 12 Ariz. 2003). Limited or sum certain authority is not adequate. Nick v. Morgan’s Foods, 13 Inc., 270 F.3d 590, 595–97 (8th Cir. 2001). A person who needs to call another person 14 who is not present on the videoconference before agreeing to any settlement does not 15 have full authority. 16 4. Confidential ENE Statements Required: No later than August 22, 2023, 17 the parties shall submit confidential statements of five (5) pages or less directly to the 18 chambers of Magistrate Judge Goddard outlining the nature of the case, the claims, and the 19 defenses. These statements shall not be filed or served on opposing counsel. They shall 20 be lodged via email at efile_goddard@casd.uscourts.gov. The ENE statement is limited to 21 five (5) pages or less, and up to five (5) pages of exhibits or declarations. Each party’s 22 ENE statement must outline: 23 A. the nature of the case and the claims, 24 B. position on liability or defense, 25 C. position regarding settlement of the case with a specific1 26
27 1 A general statement, such as that a party “will negotiate in good faith,” is a not a specific 28 1 demand/offer for settlement, and 2 D. any previous settlement negotiations or mediation efforts. 3 5. Case Management Conference: In the event the case does not settle at the 4 ENE, the Court will immediately thereafter hold a Case Management Conference (“CMC”) 5 pursuant to Fed. R. Civ. P. 16(b). Appearance of the parties at the CMC is not required. 6 The Court orders the following to occur before the CMC: 7 A. The parties must meet and confer pursuant to Fed. R. Civ. P. 26(f) no 8 later than June 27, 2023. Although, due to the present continuance, the 9 ENE is not set within the standard 45-day timeframe after the filing of 10 the first Answer, the Court will consider discovery to be open after the 11 parties have met and conferred pursuant to Rule 26, and will take this 12 deadline into account when setting the case schedule during the CMC. 13 B. The parties must file a Joint Case Management Statement by 14 August 18, 2023. The Joint Case Management Statement must 15 address all points in the “Joint Case Management Statement 16 Requirements for Magistrate Judge Allison H. Goddard,” which can 17 be found on the court website at: 18 https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Join 19 t%20Case%20Management%20Statement%20Rules.pdf. 20 C. Initial disclosures pursuant to Rule 26(a)(1)(A-D) must occur by 21 July 11, 2023. 22 6. Appearances via Videoconference Required: All named parties, party 23 representatives, including claims adjusters for insured defendants, as well as principal 24 attorney(s) responsible for the litigation must attend the ENE via videoconference. All who 25
26 27 2 If a specific demand or offer cannot be made at the time the ENE statement is submitted, then the reasons as to why a demand or offer cannot be made must be stated. Further, the 28 1 attend the ENE must be legally and factually prepared to discuss and resolve the case. 2 Counsel appearing without their clients (whether or not counsel has been given settlement 3 authority) will be subject to immediate imposition of sanctions. To facilitate the 4 videoconference ENE, the Court hereby orders as follows: 5 A. The Court will use its official Zoom video conferencing account to hold 6 the ENE. If you are unfamiliar with Zoom: Zoom is available on 7 computers through a download on the Zoom website 8 (https://zoom.us/meetings) or on mobile devices through the 9 installation of a free app.3 Joining a Zoom conference does not require 10 creating a Zoom account, but it does require downloading the .exe file 11 (if using a computer) or the app (if using a mobile device). Participants 12 are encouraged to create an account, install Zoom and familiarize 13 themselves with Zoom in advance of the ENE.4 There is a cost-free 14 option for creating a Zoom account. 15 B. Prior to the start of the ENE, the Court will email each participant an 16 invitation to join a Zoom video conference. Again, if possible, 17 participants are encouraged to use laptops or desktop computers for the 18 video conference, as mobile devices often offer inferior performance. 19 Participants shall join the video conference by following the ZoomGov 20 Meeting hyperlink in the invitation. Participants who do not have 21 Zoom already installed on their device when they click on the 22 ZoomGov Meeting hyperlink will be prompted to download and 23 install Zoom before proceeding. Zoom may then prompt participants 24
25 3 If possible, participants are encouraged to use laptops or desktop computers for the video 26 conference, rather than mobile devices. 27 4 For help getting started with Zoom, visit: https://support.zoom.us/hc/en- 28 1 to enter the password included in the invitation. 2 C. Each participant should plan to join the Zoom video conference at least 3 five minutes before the start of the ENE to ensure that the conference 4 begins promptly at 2:00 p.m. 5 D. Zoom’s functionalities will allow the Court to conduct the ENE as it 6 ordinarily would conduct an in-person one.
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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 MARTHA AL-KUDSY, et al., Case No.: 3:23-cv-01065-GPC-AHG 13 Plaintiffs, ORDER GRANTING JOINT MOTION TO CONTINUE EARLY 14 v. NEUTRAL EVALUATION 15 VONS COMPANIES INC., et al., CONFERENCE AND CASE MANAGEMENT CONFERENCE 16 Defendants.
17 [ECF No. 6] 18 Before the Court is the parties’ joint motion to continue the Early Neutral Evaluation 19 Conference (“ENE”) and Case Management Conference (“CMC”), presently scheduled for 20 July 19, 2023. ECF No. 6. The parties request that the ENE and CMC be rescheduled 21 because Defendants’ counsel will be travelling on a preplanned family vacation on that 22 date. Id. at 2; ECF No. 6-1 at 2. The Court appreciates the parties’ thorough motion and 23 declaration, and finds good cause to GRANT the joint motion. The Court orders as follows: 24 1. The ENE and CMC scheduled for July 19, 2023, are RESET for 25 August 29, 2023 at 2:00 p.m. via videoconference before Magistrate Judge 26 Allison H. Goddard. In accordance with the Local Rules, the Court requires attendance of 27 all parties, party representatives, including claims adjusters for insured defendants, and the 28 primary attorney(s) responsible for the litigation via videoconference. CivLR 16.1(c)(1). 1 2. Purpose of the Conference: The purpose of the ENE is to permit an informal 2 discussion between the attorneys and the settlement judge of every aspect of the lawsuit in 3 an effort to achieve an early resolution of the case. All conference discussions will be 4 informal, off the record, and confidential. 5 3. Full Settlement Authority Required: A party or party representative with 6 full and complete authority to enter into a binding settlement must be present via 7 videoconference. Full authority to settle means that a person must be authorized to fully 8 explore settlement options and to agree at that time to any settlement terms acceptable to 9 the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 10 1989). The person needs to have “unfettered discretion and authority” to change the 11 settlement position of a party. Pitman v. Brinker Int’l, Inc., 216 F.R.D. 481, 485–86 (D. 12 Ariz. 2003). Limited or sum certain authority is not adequate. Nick v. Morgan’s Foods, 13 Inc., 270 F.3d 590, 595–97 (8th Cir. 2001). A person who needs to call another person 14 who is not present on the videoconference before agreeing to any settlement does not 15 have full authority. 16 4. Confidential ENE Statements Required: No later than August 22, 2023, 17 the parties shall submit confidential statements of five (5) pages or less directly to the 18 chambers of Magistrate Judge Goddard outlining the nature of the case, the claims, and the 19 defenses. These statements shall not be filed or served on opposing counsel. They shall 20 be lodged via email at efile_goddard@casd.uscourts.gov. The ENE statement is limited to 21 five (5) pages or less, and up to five (5) pages of exhibits or declarations. Each party’s 22 ENE statement must outline: 23 A. the nature of the case and the claims, 24 B. position on liability or defense, 25 C. position regarding settlement of the case with a specific1 26
27 1 A general statement, such as that a party “will negotiate in good faith,” is a not a specific 28 1 demand/offer for settlement, and 2 D. any previous settlement negotiations or mediation efforts. 3 5. Case Management Conference: In the event the case does not settle at the 4 ENE, the Court will immediately thereafter hold a Case Management Conference (“CMC”) 5 pursuant to Fed. R. Civ. P. 16(b). Appearance of the parties at the CMC is not required. 6 The Court orders the following to occur before the CMC: 7 A. The parties must meet and confer pursuant to Fed. R. Civ. P. 26(f) no 8 later than June 27, 2023. Although, due to the present continuance, the 9 ENE is not set within the standard 45-day timeframe after the filing of 10 the first Answer, the Court will consider discovery to be open after the 11 parties have met and conferred pursuant to Rule 26, and will take this 12 deadline into account when setting the case schedule during the CMC. 13 B. The parties must file a Joint Case Management Statement by 14 August 18, 2023. The Joint Case Management Statement must 15 address all points in the “Joint Case Management Statement 16 Requirements for Magistrate Judge Allison H. Goddard,” which can 17 be found on the court website at: 18 https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Join 19 t%20Case%20Management%20Statement%20Rules.pdf. 20 C. Initial disclosures pursuant to Rule 26(a)(1)(A-D) must occur by 21 July 11, 2023. 22 6. Appearances via Videoconference Required: All named parties, party 23 representatives, including claims adjusters for insured defendants, as well as principal 24 attorney(s) responsible for the litigation must attend the ENE via videoconference. All who 25
26 27 2 If a specific demand or offer cannot be made at the time the ENE statement is submitted, then the reasons as to why a demand or offer cannot be made must be stated. Further, the 28 1 attend the ENE must be legally and factually prepared to discuss and resolve the case. 2 Counsel appearing without their clients (whether or not counsel has been given settlement 3 authority) will be subject to immediate imposition of sanctions. To facilitate the 4 videoconference ENE, the Court hereby orders as follows: 5 A. The Court will use its official Zoom video conferencing account to hold 6 the ENE. If you are unfamiliar with Zoom: Zoom is available on 7 computers through a download on the Zoom website 8 (https://zoom.us/meetings) or on mobile devices through the 9 installation of a free app.3 Joining a Zoom conference does not require 10 creating a Zoom account, but it does require downloading the .exe file 11 (if using a computer) or the app (if using a mobile device). Participants 12 are encouraged to create an account, install Zoom and familiarize 13 themselves with Zoom in advance of the ENE.4 There is a cost-free 14 option for creating a Zoom account. 15 B. Prior to the start of the ENE, the Court will email each participant an 16 invitation to join a Zoom video conference. Again, if possible, 17 participants are encouraged to use laptops or desktop computers for the 18 video conference, as mobile devices often offer inferior performance. 19 Participants shall join the video conference by following the ZoomGov 20 Meeting hyperlink in the invitation. Participants who do not have 21 Zoom already installed on their device when they click on the 22 ZoomGov Meeting hyperlink will be prompted to download and 23 install Zoom before proceeding. Zoom may then prompt participants 24
25 3 If possible, participants are encouraged to use laptops or desktop computers for the video 26 conference, rather than mobile devices. 27 4 For help getting started with Zoom, visit: https://support.zoom.us/hc/en- 28 1 to enter the password included in the invitation. 2 C. Each participant should plan to join the Zoom video conference at least 3 five minutes before the start of the ENE to ensure that the conference 4 begins promptly at 2:00 p.m. 5 D. Zoom’s functionalities will allow the Court to conduct the ENE as it 6 ordinarily would conduct an in-person one. The Court will divide 7 participants into separate, confidential sessions, which Zoom calls 8 Breakout Rooms.5 In a Breakout Room, the Court will be able to 9 communicate with participants from a single party in confidence. 10 Breakout Rooms will also allow parties and counsel to communicate 11 confidentially without the Court. 12 E. No later than August 22, 2023, each party shall send an e-mail to the 13 Court at efile_goddard@casd.uscourts.gov containing the following: 14 i. The name and title of each participant, including all parties 15 and party representatives with full settlement authority, claims 16 adjusters for insured defendants, and the primary attorney(s) 17 responsible for the litigation; 18 ii. An e-mail address for each participant to receive the Zoom 19 video conference invitation; 20 iii. A telephone number where each participant may be reached; 21 and 22 iv. A cell phone number for that party’s preferred point of 23 contact (and the name of the individual whose cell phone it is) 24 for the Court to use during the ENE to alert counsel via text 25 message that the Court will soon return to that party’s Breakout 26
27 5 For more information on what to expect when participating in a Zoom Breakout Room, 28 1 Room, to avoid any unexpected interruptions of confidential 2 discussions. 3 F. All participants shall display the same level of professionalism during 4 the ENE and be prepared to devote their full attention to the ENE as if 5 they were attending in person, i.e., cannot be driving or in a car while 6 speaking to the Court. Because Zoom may quickly deplete the battery 7 of a participant’s device, each participant should ensure that their 8 device is plugged in or that a charging cable is readily available during 9 the video conference. 10 G. Counsel are advised that although the ENE will take place on Zoom, all 11 participants shall appear and conduct themselves as if it is proceeding 12 in courtroom, 1.e., all participants must dress in appropriate courtroom 13 attire. 14 H. Ifthe case does not settle during the ENE, the Court will hold the CMC 15 immediately following the ENE with counsel only in the main session. 16 7. The failure of any party to follow these mandatory procedures shall result 17 ||in the imposition of sanctions. 18 8. Questions regarding this case or these mandatory guidelines may be directed 19 Judge Goddard’s law clerks at (619) 557-6162. Lodged statements should be emailed to 20 || efile_goddard@casd.uscourts.gov. 21 22 IT IS SO ORDERED. 23 || Dated: June 28, 2023 0 _ pbiormH. Xitel Honorable Allison H. Goddard 25 United States Magistrate Judge 26 27 28