Sywula v. DaCosta

• Court: District Court, S.D. California
• Decided: March 17, 2023
• Docket: 3:21-cv-01450
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 KRZYSZTOF SYWULA , Case No.: 21-cv-1450-BAS-BGS

12 Plaintiff, ORDER CONTINUING 13 v. MANDATORY SETTLEMENT CONFERENCE 14 ALEXIS DACOSTA, et al.,

15 Defendants.

17 On March 13, 2023, this case was transferred to the undersigned with a Mandatory 18 Settlement Conference set for June 13, 2023. Due to a conflict in the Court’s calendar, 19 the MSC is CONTINUED June 23, 2023 at 2:00 p.m. before Magistrate Judge Bernard 20 G. Skomal. 21 1. The MSC is scheduled to be conducted by video conference pursuant to the 22 instructions below. However, the parties may contact Judge Skomal’s chambers to 23 request the MSC be held in-person. All parties, adjusters for insured defendants, and 24 client representatives must participate and have full and complete authority to enter into a 25 binding settlement at the MSC.1 The purpose of this requirement is to have 26

27 1 “Full authority to settle” means that the individuals at the settlement conference must be 28 1 representatives present who can settle the case during the course of the conference 2 without consulting a superior. Parties seeking permission to be excused from 3 participating in the MSC must follow the procedures outlined in Judge Skomal’s 4 Chambers’ Rules. The principal attorneys responsible for the litigation must also be 5 present and prepared to discuss all of the legal and factual issues in the case. Failure of 6 any of the above parties to participate in the MSC without the Court’s permission will be 7 grounds for sanctions. 8 2. Counsel or any party representing himself or herself shall submit 9 confidential settlement briefs to Judge Skomal’s chambers by June 9, 2023. The briefs 10 must address the legal and factual issues in the case and should focus on issues most 11 pertinent to settling the matter. Briefs do not need to be filed or served on opposing 12 counsel. The briefs must also include any prior settlement offer or demand, as well as the 13 offer or demand the party will make at the MSC. The Court will keep this information 14 confidential unless the party authorizes the Court to share the information with opposing 15 counsel. MSC briefs must be emailed to efile_Skomal@casd.uscourts.gov. 16 Video Conference Instructions for Mandatory Settlement Conference: 17 1. The Court will use its official Zoom video conferencing account to hold the 18 MSC. IF YOU ARE UNFAMILIAR WITH ZOOM: Zoom is available on computers 19 through a download on the Zoom website (https://zoom.us/meetings) or on mobile devices 20 21 22 23 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” 24 to change the settlement position of a party. Pitman v. Brinker Intl., Inc., 216 F.R.D. 481, 25 485-486 (D. Ariz. 2003). The person must be able to bind the party without the need to call others not present at the conference for authority or approval. The purpose of 26 requiring a person with unlimited settlement authority to attend the conference includes 27 that the person’s view of the case may be altered during the face to face conference. Id. at 486. A limited or a sum certain of authority is not adequate. Nick v. Morgan’s Foods, 28 1 through the installation of a free app. Joining a Zoom conference does not require 2 creating a Zoom account, but it does require downloading the .exe file (if using a 3 computer) or the app (if using a mobile device). Participants are encouraged to create an 4 account, install Zoom and familiarize themselves with Zoom in advance of the MSC.3 5 There is a cost-free option for creating a Zoom account. 6 2. Prior to the start of the MSC, the Court will email counsel for each party an 7 invitation to join a Zoom video conference that they must provide to participating 8 client(s). The Court will send the invitation to the email addresses listed for counsel in the 9 case docket. If counsel does not receive an invitation to join the Zoom video conference 10 by the end of the day on June 21, 2023, please email chambers at 11 efile_skomal@casd.uscourts.gov. Again, if possible, participants are encouraged to use 12 laptops or desktop computers for the video conference. Participants shall join the video 13 conference by following the ZoomGov Meeting hyperlink in the invitation. Participants 14 who do not have Zoom already installed on their device when they click on the ZoomGov 15 Meeting hyperlink will be prompted to download and install Zoom before proceeding. 16 Zoom may then prompt participants to enter the password included in the invitation.4 All 17 participants will be placed in a waiting room until the MSC begins. 18 3. Each participant should plan to join the Zoom video conference at least five 19 minutes before the start of the MSC to ensure that the MSC begins promptly at 2:00 PM. 20 4. Zoom’s functionalities will allow the Court to conduct the MSC as it 21 ordinarily would conduct an in-person MSC. The Court may divide participants into 22 23

24 2 If possible, participants are encouraged to use laptops or desktop computers for the 25 video conference, rather than mobile devices.

26 3 For help getting started with Zoom, visit: https://support.zoom.us/hc/en- 27 us/categories/200101697. 4 A Meeting ID will also be included and may be used along with the password to access 28 1 || separate, confidential sessions, which Zoom calls Breakout Rooms.° In a Breakout Room, 2 Court will be able to communicate with participants from a single party in 3 || confidence. Breakout Rooms will also allow parties and counsel to communicate 4 confidentially without the Court. 5 5. All participants shall display the same level of professionalism during the 6 MSC and be prepared to devote their full attention to the MSC as if they were attending 7 person, i.e., cannot be driving while speaking to the Court. Because Zoom may quickly 8 || deplete the battery of a participant’s device, each participant should ensure that their 9 || device is plugged in or that a charging cable is readily available during the video 10 || conference. 11 IT IS SO ORDERED. 12 Dated: March 17, 2023 7 2 p / / 13 on. Bernard G. Skomal 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26

28 For more information on what to expect when participating in a Zoom Breakout Room, visit: https://support.zoom.us/hc/en-us/articles/1 15005769646