2 3 4 5 6 7 10 11 JANE DOE, Case No.: 20cv1818-MMA (MSB)
12 Plaintiff, ORDER GRANTING JOINT MOTION 13 v. REQUESTING SETTLEMENT CONFERENCE AND EXTENSION OF FACT DISCOVERY 14 CISSY STEELE, et al., CUTOFF [ECF NO. 102] 15 Defendants. 16 17 On April 28, 2022, Plaintiff Jane Doe and Defendants Diabolic Video Productions, 18 Inc., Black Ice LTD, Zero Tolerance Entertainment, Inc., and Third Degree Films filed a 19 “Joint Motion Requesting Settlement Conference and Extension of Fact Discovery Cut- 20 Off Date” (“Joint Motion”). (ECF No. 102.) In the Joint Motion, the parties ask the Court 21 to set a settlement conference on either June 9 or June 10, 2022, at 9:30 a.m. (Id. at 2.) 22 They further ask the Court to continue the fact discovery cut-off to August 5, 2022. (Id.) 23 Based on the discussions at the telephonic Case Management Conference on 24 April 21, 2002, (see ECF No. 100), and the parties’ pleadings, the Court GRANTS the Joint 25 Motion as follows: 26 The fact discovery cut-off is CONTINUED to August 5, 2022. A Settlement 27 Conference (“SC”) will be held via video conference on June 10, 2022, at 9:30 a.m., 2 record, privileged, and confidential. The following rules and deadlines apply: 3 1. Personal Appearance of Parties Required: All named parties, party 4 representatives, including claims adjusters for insured defendants, as well as the 5 principal attorney(s) responsible for the litigation, must participate in the video 6 conference, and be legally and factually prepared to discuss and resolve the case. 7 Counsel appearing without their clients (whether or not counsel has been given 8 settlement authority) will be cause for immediate imposition of sanctions and may also 9 result in the immediate termination of the conference. 10 2. Full Settlement Authority Required: A party or party representative with 11 full settlement authority1 must be present at the conference. Retained outside 12 corporate counsel shall not appear on behalf of a corporation as the party 13 representative who has the authority to negotiate and enter a settlement. 14 3. Confidential Settlement Statements Required: No later than June 3, 2022, 15 the parties shall submit directly to Magistrate Judge Berg’s chambers (via hand delivery 16 or by e-mail to the Court at efile_berg@casd.uscourts.gov), confidential settlement 17 statements. The statements are limited to ten (10) pages, plus an additional ten (10) 18 pages of exhibits. Each party’s settlement statement must outline (1) the nature of the 19 case and the claims, (2) position on liability or defenses; (3) position regarding 20 settlement of the case with a specific demand/offer for settlement, and (4) any previous 21 settlement negotiations or mediation efforts. The settlement statement must not 22
23 1 “Full settlement authority” means that the individuals at the settlement conference must be 24 authorized to fully explore settlement options and to agree at that time to any settlement terms 25 acceptable to the parties. Heileman Brewing Co. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989). The person needs to have “unfettered discretion and authority” to change the settlement position of a 26 party. Pitman v. Brinker Int’l, Inc., 216 F.R.D. 481, 485–86 (D. Ariz. 2003). The purpose of requiring a person with unlimited settlement authority to attend the conference contemplates that the person’s 27 view of the case may be altered during the face to face conference. Id. at 486. A limited or a sum 2 any earlier settlement brief. The settlement statement must specifically identify what 3 the discovery process revealed and the effect that the evidence has on the issues in the 4 case. To the extent specific discovery responses, portions of deposition testimony, or 5 expert reports are pertinent to the Court’s evaluation of the matter, these documents 6 must be attached as exhibits. Evidence supporting or refuting either party’s claim for 7 damages must also be identified and included as an exhibit. 8 If a specific demand or offer cannot be made at the time the settlement 9 statement is submitted, then the reasons as to why a demand or offer cannot be made 10 must be stated. Further, the party must explain when they will be prepared to state a 11 demand or offer. General statements such as a party will “negotiate in good faith” is 12 not a specific demand or offer. The settlement statement should be submitted 13 confidentially and need not be shared with other parties. 14 4. The Court will use its official Zoom video conferencing account to hold the 15 SC. IF YOU ARE UNFAMILIAR WITH ZOOM: Zoom is available on computers through a 16 download on the Zoom website (https://zoom.us/meetings) or on mobile devices 17 through the installation of a free app.2 Joining a Zoom conference does not require 18 creating a Zoom account, but it does require downloading the .exe file (if using a 19 computer) or the app (if using a mobile device). Participants are encouraged to create 20 an account, install Zoom, and familiarize themselves with Zoom in advance of the SC.3 21 There is a cost-free option for creating a Zoom account. 22 5. Prior to the start of the SC, the Court will e-mail each SC participant an 23 invitation to join a Zoom video conference. Again, if possible, participants are 24
25 26 2 If possible, participants are encouraged to use laptops or desktop computers for the video conference, as mobile devices often offer inferior performance. 27 2 devices often offer inferior performance. Participants shall join the video conference by 3 following the ZoomGov Meeting hyperlink in the invitation. Participants who do not 4 have Zoom already installed on their device when they click on the ZoomGov Meeting 5 hyperlink will be prompted to download and install Zoom before proceeding. Zoom 6 may then prompt participants to enter the password included in the invitation. All 7 participants will be placed in a waiting room until the SC begins. 8 6. Each participant should plan to join the Zoom video conference at least five 9 minutes before the start of the SC to ensure that the SC begins promptly at 9:30 a.m. 10 The Zoom e-mail invitation may indicate an earlier start time, but the ENE will begin at 11 the Court-scheduled time. 12 7. Zoom’s functionalities will allow the Court to conduct the SC as it ordinarily 13 would conduct an in-person SC. That is, the Court will begin the SC with all participants 14 joined together in a main session. After an initial discussion in the main session, the 15 Court will divide participants into separate, confidential sessions, which Zoom calls 16 Breakout Rooms.4 In a Breakout Room, the Court will be able to communicate with 17 participants from a single party in confidence. Breakout Rooms will also allow parties 18 and counsel to communicate confidentially without the Court. 19 8. No later than June 3, 2022, counsel for each party shall send an e-mail to 20 the Court at efile_berg@casd.uscourts.gov containing the following: 21 a. The name and title of each participant, including all parties and 22 party representatives with full settlement authority, claims adjusters for insured 23 defendants, and the primary attorney(s) responsible for the litigation; 24 b. An e-mail address for each participant to receive the Zoom video 25 conference invitation; and 26
27 1 C. A telephone number where each participant may be reached so that 2 technical difficulties arise, the Court will be able to proceed telephonically instead of 3 || by video conference.
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2 3 4 5 6 7 10 11 JANE DOE, Case No.: 20cv1818-MMA (MSB)
12 Plaintiff, ORDER GRANTING JOINT MOTION 13 v. REQUESTING SETTLEMENT CONFERENCE AND EXTENSION OF FACT DISCOVERY 14 CISSY STEELE, et al., CUTOFF [ECF NO. 102] 15 Defendants. 16 17 On April 28, 2022, Plaintiff Jane Doe and Defendants Diabolic Video Productions, 18 Inc., Black Ice LTD, Zero Tolerance Entertainment, Inc., and Third Degree Films filed a 19 “Joint Motion Requesting Settlement Conference and Extension of Fact Discovery Cut- 20 Off Date” (“Joint Motion”). (ECF No. 102.) In the Joint Motion, the parties ask the Court 21 to set a settlement conference on either June 9 or June 10, 2022, at 9:30 a.m. (Id. at 2.) 22 They further ask the Court to continue the fact discovery cut-off to August 5, 2022. (Id.) 23 Based on the discussions at the telephonic Case Management Conference on 24 April 21, 2002, (see ECF No. 100), and the parties’ pleadings, the Court GRANTS the Joint 25 Motion as follows: 26 The fact discovery cut-off is CONTINUED to August 5, 2022. A Settlement 27 Conference (“SC”) will be held via video conference on June 10, 2022, at 9:30 a.m., 2 record, privileged, and confidential. The following rules and deadlines apply: 3 1. Personal Appearance of Parties Required: All named parties, party 4 representatives, including claims adjusters for insured defendants, as well as the 5 principal attorney(s) responsible for the litigation, must participate in the video 6 conference, and be legally and factually prepared to discuss and resolve the case. 7 Counsel appearing without their clients (whether or not counsel has been given 8 settlement authority) will be cause for immediate imposition of sanctions and may also 9 result in the immediate termination of the conference. 10 2. Full Settlement Authority Required: A party or party representative with 11 full settlement authority1 must be present at the conference. Retained outside 12 corporate counsel shall not appear on behalf of a corporation as the party 13 representative who has the authority to negotiate and enter a settlement. 14 3. Confidential Settlement Statements Required: No later than June 3, 2022, 15 the parties shall submit directly to Magistrate Judge Berg’s chambers (via hand delivery 16 or by e-mail to the Court at efile_berg@casd.uscourts.gov), confidential settlement 17 statements. The statements are limited to ten (10) pages, plus an additional ten (10) 18 pages of exhibits. Each party’s settlement statement must outline (1) the nature of the 19 case and the claims, (2) position on liability or defenses; (3) position regarding 20 settlement of the case with a specific demand/offer for settlement, and (4) any previous 21 settlement negotiations or mediation efforts. The settlement statement must not 22
23 1 “Full settlement authority” means that the individuals at the settlement conference must be 24 authorized to fully explore settlement options and to agree at that time to any settlement terms 25 acceptable to the parties. Heileman Brewing Co. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989). The person needs to have “unfettered discretion and authority” to change the settlement position of a 26 party. Pitman v. Brinker Int’l, Inc., 216 F.R.D. 481, 485–86 (D. Ariz. 2003). The purpose of requiring a person with unlimited settlement authority to attend the conference contemplates that the person’s 27 view of the case may be altered during the face to face conference. Id. at 486. A limited or a sum 2 any earlier settlement brief. The settlement statement must specifically identify what 3 the discovery process revealed and the effect that the evidence has on the issues in the 4 case. To the extent specific discovery responses, portions of deposition testimony, or 5 expert reports are pertinent to the Court’s evaluation of the matter, these documents 6 must be attached as exhibits. Evidence supporting or refuting either party’s claim for 7 damages must also be identified and included as an exhibit. 8 If a specific demand or offer cannot be made at the time the settlement 9 statement is submitted, then the reasons as to why a demand or offer cannot be made 10 must be stated. Further, the party must explain when they will be prepared to state a 11 demand or offer. General statements such as a party will “negotiate in good faith” is 12 not a specific demand or offer. The settlement statement should be submitted 13 confidentially and need not be shared with other parties. 14 4. The Court will use its official Zoom video conferencing account to hold the 15 SC. IF YOU ARE UNFAMILIAR WITH ZOOM: Zoom is available on computers through a 16 download on the Zoom website (https://zoom.us/meetings) or on mobile devices 17 through the installation of a free app.2 Joining a Zoom conference does not require 18 creating a Zoom account, but it does require downloading the .exe file (if using a 19 computer) or the app (if using a mobile device). Participants are encouraged to create 20 an account, install Zoom, and familiarize themselves with Zoom in advance of the SC.3 21 There is a cost-free option for creating a Zoom account. 22 5. Prior to the start of the SC, the Court will e-mail each SC participant an 23 invitation to join a Zoom video conference. Again, if possible, participants are 24
25 26 2 If possible, participants are encouraged to use laptops or desktop computers for the video conference, as mobile devices often offer inferior performance. 27 2 devices often offer inferior performance. Participants shall join the video conference by 3 following the ZoomGov Meeting hyperlink in the invitation. Participants who do not 4 have Zoom already installed on their device when they click on the ZoomGov Meeting 5 hyperlink will be prompted to download and install Zoom before proceeding. Zoom 6 may then prompt participants to enter the password included in the invitation. All 7 participants will be placed in a waiting room until the SC begins. 8 6. Each participant should plan to join the Zoom video conference at least five 9 minutes before the start of the SC to ensure that the SC begins promptly at 9:30 a.m. 10 The Zoom e-mail invitation may indicate an earlier start time, but the ENE will begin at 11 the Court-scheduled time. 12 7. Zoom’s functionalities will allow the Court to conduct the SC as it ordinarily 13 would conduct an in-person SC. That is, the Court will begin the SC with all participants 14 joined together in a main session. After an initial discussion in the main session, the 15 Court will divide participants into separate, confidential sessions, which Zoom calls 16 Breakout Rooms.4 In a Breakout Room, the Court will be able to communicate with 17 participants from a single party in confidence. Breakout Rooms will also allow parties 18 and counsel to communicate confidentially without the Court. 19 8. No later than June 3, 2022, counsel for each party shall send an e-mail to 20 the Court at efile_berg@casd.uscourts.gov containing the following: 21 a. The name and title of each participant, including all parties and 22 party representatives with full settlement authority, claims adjusters for insured 23 defendants, and the primary attorney(s) responsible for the litigation; 24 b. An e-mail address for each participant to receive the Zoom video 25 conference invitation; and 26
27 1 C. A telephone number where each participant may be reached so that 2 technical difficulties arise, the Court will be able to proceed telephonically instead of 3 || by video conference. (If counsel prefers all participants of their party on a single 4 || conference call, counsel may provide a conference number and appropriate call-in 5 ||information, including an access code, where all counsel and parties or party 6 || representatives for that side may be reached as an alternative to providing individual 7 ||telephone numbers for each participant.) 8 9. All participants shall display the same level of professionalism during the SC 9 || and be prepared to devote their full attention to the SC as if they were attending in 10 ||person. Because Zoom may quickly deplete the battery of a participant’s device, each 11 || participant should ensure that their device is plugged in or that a charging cable is 12 || readily available during the video conference. 13 10. If the parties would prefer to conduct the Settlement Conference in-person, 14 || rather than via Zoom, they may file a joint motion requesting the same. 16 ||Dated: May 12, 2022 = _ 2 FF 18 Honorable Michael S. Berg United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28