1 2 3 4 5 6 7 10 11 LBF TRAVEL MANAGEMENT CORP., Case No.: 20-cv-02404-MMA-JLB et al., 12 ORDER GRANTING JOINT Plaintiffs, v. SCHEDULING ORDER AND 14 RELATED DEADLINES THOMAS DEROSA, et al., 15 Defendants. [ECF No. 201] 16 AND RELATED COUNTERCLAIMS. 17
18 19 On March 29, 2023, the Parties filed a Joint Motion to Modify the Scheduling Order 20 and Related Deadlines. (ECF No. 201.) Specifically, the Parties request the Mandatory 21 Settlement Conference, the deadline for completion of expert discovery, and the pretrial 22 motions deadline be continued. (Id. at 3.) Good cause appearing, the Joint Motion is 23 GRANTED. Accordingly, the Scheduling Order (ECF Nos. 196, 198) is modified as 24 follows: 25 1. All expert discovery must be completed by all parties by April 14, 2023. 26 “Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil 27 Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of 28 time in advance of the cut-off date, so that it may be completed by the cut-off date, taking 1 into account the times for service, notice and response as set forth in the Federal Rules of 2 Civil Procedure. Counsel must promptly and in good faith meet and confer with 3 regard to all discovery disputes in compliance with Local Rule 26.1(a). The Court 4 expects counsel to make every effort to resolve all disputes without court intervention 5 through the meet and confer process. 6 Discovery disputes must be brought to the Court’s attention in the time and manner 7 required by § V of Judge Burkhardt’s Civil Chambers Rules. All discovery disputes must 8 be raised within 30 calendar days of the service of an objection, answer, or response 9 that becomes the subject of dispute, or the passage of a discovery due date without response 10 or production, and only after counsel (and any unrepresented parties) have met and 11 conferred to resolve the dispute. See J. Burkhardt Civ. Chambers R. § V. A failure to 12 comply in this regard will result in a waiver of a party’s discovery issue. Absent an 13 order of the court, no stipulation continuing or altering this requirement will be 14 recognized by the court. 15 2. All dispositive pretrial motions, including motions for summary judgment and 16 motions addressing Daubert issues, must be filed by April 21, 2023.1 Counsel for the 17 moving party must obtain a motion hearing date from Judge Anello’s law clerk. The period 18 of time between the date you request a motion date and the hearing date may vary from 19 one district judge to another. Please plan accordingly. Failure to make a timely request 20 for a motion date may result in the motion not being heard. 21 3. The Mandatory Settlement Conference (“MSC”) currently set for April 5, 22 2023, shall be RESET for May 17, 2023, at 9:00 AM by video before Magistrate Judge 23 Jill L. Burkhardt. Mandatory directions for participating in the MSC by video 24 conference are attached hereto. The purpose of the MSC is to permit an informal, candid 25 26 27 1 This deadline is not applicable to pretrial motions in limine. For further information 28 regarding motions in limine, please refer to Judge Anello’s Civil Chambers Rules. 1 discussion between the attorneys, parties, and the settlement judge of every aspect of the 2 lawsuit in an effort to achieve a mediated resolution of the case. All MSC discussions will 3 be off the record, privileged, and confidential. See CivLR 16.3(h). 4 Pursuant to Civil Local Rule 16.3, all party representatives and claims adjusters for 5 insured defendants with full and unlimited authority2 to negotiate and enter into a binding 6 settlement, as well as the principal attorney(s) responsible for the litigation, must be present 7 and legally and factually prepared to discuss and resolve the case at the MSC. In the case 8 of an entity, an authorized representative of the entity who is not retained outside counsel 9 must be present and must have discretionary authority to commit the entity to pay an 10 amount up to the amount of the Plaintiff’s prayer (excluding punitive damages prayers). 11 The purpose of this requirement is to have representatives present who can settle the case 12 during the course of the conference without consulting a superior. 13 Counsel for a United States government entity may be excused from this 14 requirement so long as the government attorney who attends the MSC conference (1) has 15 primary responsibility for handling the case, and (2) may negotiate settlement offers which 16 the attorney is willing to recommend to the government official having ultimate settlement 17 authority. 18 Failure to attend the MSC or obtain proper excuse will be considered grounds 19 for sanctions. 20 4. No later than 21 days before the MSC, the parties shall exchange formal 21
22 2 “Full authority to settle” means that the individuals at the settlement conference must 23 be authorized to fully explore settlement options and to agree at that time to any settlement 24 terms acceptable to the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648 (7th Cir. 1989). The person needs to have “unfettered discretion and authority” to 25 change the settlement position of a party. Pitman v. Brinker Int’l., Inc., 216 F.R.D. 481, 26 485–86 (D. Ariz. 2003). The purpose of requiring a person with unlimited settlement authority to attend the conference includes that the person’s view of the case may be altered 27 during the face to face conference. Id. at 486. A limited or a sum certain of authority is 28 not adequate. Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 595–97 (8th Cir. 2001). 1 || settlement proposals, as required by § III.A. of Judge Burkhardt’s Civil Chambers Rules. 2 ||No later than 14 days before the MSC, the parties shall meet and confer in person or 3 || telephonically, as required by § HI.B. of Judge Burkhardt’s Civil Chambers Rules. 4 5. No later than May 8, 2023, counsel (and any unrepresented parties) shall 5 ||lodge confidential MSC statements with Judge Burkhardt’s chambers via e-mail at 6 || efile Burkhardt@casd.uscourts.gov. The parties’ MSC statements shall comply with § 7 IULC. of Judge Burkhardt’s Civil Chambers Rules. 9 || Dated: March 29, 2023 -
n. Jill L. Burkhardt ited States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1 Mandatory Directions for Zoom Video Conference Participation 2 1. The Court will use its official ZoomGov video conferencing account to hold 3 the MSC. IF YOU ARE UNFAMILIAR WITH ZOOM: Zoom is available on 4 computers through a download on the Zoom website (https://zoom.us/meetings) or on 5 mobile devices through the installation of a free app.3 Joining a Zoom conference does not 6 require creating a Zoom account, but it does require downloading the .exe file (if using a 7 computer) or the app (if using a mobile device). Participants are encouraged to create an 8 account, install Zoom and familiarize themselves with Zoom in advance of the MSC.4 9 There is a cost-free option for creating a Zoom account. 10 2. Prior to the start of the MSC, the Court will e-mail each MSC participant an 11 invitation to join a Zoom video conference. Again, if possible, participants are encouraged 12 to use laptops or desktop computers for the video conference, as mobile devices often offer 13 inferior performance. Because Zoom may quickly deplete the battery of a participant’s 14 device, each participant should ensure that her or his device is plugged in or that a charging 15 cable is readily available during the video conference. Participants shall join the video 16 conference by following the ZoomGov Meeting hyperlink in the invitation.
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1 2 3 4 5 6 7 10 11 LBF TRAVEL MANAGEMENT CORP., Case No.: 20-cv-02404-MMA-JLB et al., 12 ORDER GRANTING JOINT Plaintiffs, v. SCHEDULING ORDER AND 14 RELATED DEADLINES THOMAS DEROSA, et al., 15 Defendants. [ECF No. 201] 16 AND RELATED COUNTERCLAIMS. 17
18 19 On March 29, 2023, the Parties filed a Joint Motion to Modify the Scheduling Order 20 and Related Deadlines. (ECF No. 201.) Specifically, the Parties request the Mandatory 21 Settlement Conference, the deadline for completion of expert discovery, and the pretrial 22 motions deadline be continued. (Id. at 3.) Good cause appearing, the Joint Motion is 23 GRANTED. Accordingly, the Scheduling Order (ECF Nos. 196, 198) is modified as 24 follows: 25 1. All expert discovery must be completed by all parties by April 14, 2023. 26 “Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil 27 Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of 28 time in advance of the cut-off date, so that it may be completed by the cut-off date, taking 1 into account the times for service, notice and response as set forth in the Federal Rules of 2 Civil Procedure. Counsel must promptly and in good faith meet and confer with 3 regard to all discovery disputes in compliance with Local Rule 26.1(a). The Court 4 expects counsel to make every effort to resolve all disputes without court intervention 5 through the meet and confer process. 6 Discovery disputes must be brought to the Court’s attention in the time and manner 7 required by § V of Judge Burkhardt’s Civil Chambers Rules. All discovery disputes must 8 be raised within 30 calendar days of the service of an objection, answer, or response 9 that becomes the subject of dispute, or the passage of a discovery due date without response 10 or production, and only after counsel (and any unrepresented parties) have met and 11 conferred to resolve the dispute. See J. Burkhardt Civ. Chambers R. § V. A failure to 12 comply in this regard will result in a waiver of a party’s discovery issue. Absent an 13 order of the court, no stipulation continuing or altering this requirement will be 14 recognized by the court. 15 2. All dispositive pretrial motions, including motions for summary judgment and 16 motions addressing Daubert issues, must be filed by April 21, 2023.1 Counsel for the 17 moving party must obtain a motion hearing date from Judge Anello’s law clerk. The period 18 of time between the date you request a motion date and the hearing date may vary from 19 one district judge to another. Please plan accordingly. Failure to make a timely request 20 for a motion date may result in the motion not being heard. 21 3. The Mandatory Settlement Conference (“MSC”) currently set for April 5, 22 2023, shall be RESET for May 17, 2023, at 9:00 AM by video before Magistrate Judge 23 Jill L. Burkhardt. Mandatory directions for participating in the MSC by video 24 conference are attached hereto. The purpose of the MSC is to permit an informal, candid 25 26 27 1 This deadline is not applicable to pretrial motions in limine. For further information 28 regarding motions in limine, please refer to Judge Anello’s Civil Chambers Rules. 1 discussion between the attorneys, parties, and the settlement judge of every aspect of the 2 lawsuit in an effort to achieve a mediated resolution of the case. All MSC discussions will 3 be off the record, privileged, and confidential. See CivLR 16.3(h). 4 Pursuant to Civil Local Rule 16.3, all party representatives and claims adjusters for 5 insured defendants with full and unlimited authority2 to negotiate and enter into a binding 6 settlement, as well as the principal attorney(s) responsible for the litigation, must be present 7 and legally and factually prepared to discuss and resolve the case at the MSC. In the case 8 of an entity, an authorized representative of the entity who is not retained outside counsel 9 must be present and must have discretionary authority to commit the entity to pay an 10 amount up to the amount of the Plaintiff’s prayer (excluding punitive damages prayers). 11 The purpose of this requirement is to have representatives present who can settle the case 12 during the course of the conference without consulting a superior. 13 Counsel for a United States government entity may be excused from this 14 requirement so long as the government attorney who attends the MSC conference (1) has 15 primary responsibility for handling the case, and (2) may negotiate settlement offers which 16 the attorney is willing to recommend to the government official having ultimate settlement 17 authority. 18 Failure to attend the MSC or obtain proper excuse will be considered grounds 19 for sanctions. 20 4. No later than 21 days before the MSC, the parties shall exchange formal 21
22 2 “Full authority to settle” means that the individuals at the settlement conference must 23 be authorized to fully explore settlement options and to agree at that time to any settlement 24 terms acceptable to the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648 (7th Cir. 1989). The person needs to have “unfettered discretion and authority” to 25 change the settlement position of a party. Pitman v. Brinker Int’l., Inc., 216 F.R.D. 481, 26 485–86 (D. Ariz. 2003). The purpose of requiring a person with unlimited settlement authority to attend the conference includes that the person’s view of the case may be altered 27 during the face to face conference. Id. at 486. A limited or a sum certain of authority is 28 not adequate. Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 595–97 (8th Cir. 2001). 1 || settlement proposals, as required by § III.A. of Judge Burkhardt’s Civil Chambers Rules. 2 ||No later than 14 days before the MSC, the parties shall meet and confer in person or 3 || telephonically, as required by § HI.B. of Judge Burkhardt’s Civil Chambers Rules. 4 5. No later than May 8, 2023, counsel (and any unrepresented parties) shall 5 ||lodge confidential MSC statements with Judge Burkhardt’s chambers via e-mail at 6 || efile Burkhardt@casd.uscourts.gov. The parties’ MSC statements shall comply with § 7 IULC. of Judge Burkhardt’s Civil Chambers Rules. 9 || Dated: March 29, 2023 -
n. Jill L. Burkhardt ited States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1 Mandatory Directions for Zoom Video Conference Participation 2 1. The Court will use its official ZoomGov video conferencing account to hold 3 the MSC. IF YOU ARE UNFAMILIAR WITH ZOOM: Zoom is available on 4 computers through a download on the Zoom website (https://zoom.us/meetings) or on 5 mobile devices through the installation of a free app.3 Joining a Zoom conference does not 6 require creating a Zoom account, but it does require downloading the .exe file (if using a 7 computer) or the app (if using a mobile device). Participants are encouraged to create an 8 account, install Zoom and familiarize themselves with Zoom in advance of the MSC.4 9 There is a cost-free option for creating a Zoom account. 10 2. Prior to the start of the MSC, the Court will e-mail each MSC participant an 11 invitation to join a Zoom video conference. Again, if possible, participants are encouraged 12 to use laptops or desktop computers for the video conference, as mobile devices often offer 13 inferior performance. Because Zoom may quickly deplete the battery of a participant’s 14 device, each participant should ensure that her or his device is plugged in or that a charging 15 cable is readily available during the video conference. Participants shall join the video 16 conference by following the ZoomGov Meeting hyperlink in the invitation. Participants 17 who do not have Zoom already installed on their device when they click on the 18 ZoomGov Meeting hyperlink will be prompted to download and install Zoom before 19 proceeding. Zoom may then prompt participants to enter the password included in the 20 invitation. All participants will be placed in a waiting room until the MSC begins. 21 3. Each participant should plan to join the Zoom video conference at least 22 5 minutes before the start of the MSC to ensure that the MSC begins on time. 23 4. Zoom’s functionalities will allow the Court to conduct the MSC as it 24
25 26 3 If possible, participants are encouraged to use laptops or desktop computers for the video conference, as mobile devices often offer inferior performance. 27 4 For help getting started with Zoom, visit: https://support.zoom.us/hc/en- 28 us/categories/200101697-Getting-Started 1 ordinarily would conduct an in-person MSC. That is, the Court will begin the MSC with 2 all participants joined together in a main session. After an initial discussion in the main 3 session, the Court will divide participants into separate, confidential sessions, which Zoom 4 calls Breakout Rooms.5 In a Breakout Room, the Court will be able to communicate with 5 participants from a single party in confidence. Breakout Rooms will also allow parties and 6 counsel to communicate confidentially without the Court. 7 5. As previously stated, MSCs are confidential court proceedings. All attendees 8 must participate from a private and stable location where no individual who is not a party, 9 a party representative, or an attorney for a party can overhear the proceedings. All 10 attendees must be prepared to devote their full attention to the MSC as if they were 11 attending in person. This means that attendees must clear their schedules of all conflicts 12 for the entire period of the MSC.6 Attendees may not participate from a moving car or a 13 public space. 14 6. All participants are expected to display the same level of professionalism and 15 civility as they would at an in-person court proceeding. See CivLR 2.1; J. Burkhardt’s Civ. 16 Chambers R. § I. 17 18 19
21 22 23 24 25
26 5 For more information on what to expect when participating in a Zoom Breakout 27 Room, visit: https://support.zoom.us/hc/en-us/articles/115005769646 28 6 MSCs are ordinarily scheduled for three hours but may last considerably longer.