1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 Case No.: 22CV492-JO (BLM) 10 WOODWAY USA, INC.,
11 Plaintiff, ORDER FOLLOWING MANDATORY SETTLEMENT CONFERENCE SETTING 12 v. SETTLEMENT CONFERENCE
13 LIFECORE FITNESS, INC. dba Assault Fitness, 14 Defendant. 15
16 17 On February 16, 2024, The Court convened a Mandatory Settlement Conference. ECF 18 No. 89. 19 The Court will conduct a follow-up Settlement Conference on November 20, 2024 at 20 9:30 a.m. 21 1. The Court will use its official Zoom video conferencing account to hold the MSC. 22 IF YOU ARE UNFAMILIAR WITH ZOOM: Zoom is available on computers through a 23 download on the Zoom website (https://zoom.us/meetings) or on mobile devices through the 24 installation of a free app.1 Joining a Zoom conference does not require creating a Zoom account, 25 but it does require downloading the .exe file (if using a computer) or the app (if using a mobile
26 1 Participants should use a device with a camera to fully participate in the video conference. If 27 possible, participants are encouraged to use laptops or desktop computers for the video conference, as mobile devices may offer inferior performance. 28 1 device). Participants are encouraged to create an account, install Zoom and familiarize 2 themselves with Zoom in advance of the MSC.2 There is a cost-free option for creating a Zoom 3 account. 4 2. Prior to the start of the MSC, the Court will e-mail each MSC participant an 5 invitation to join a Zoom video conference. Again, if possible, participants are encouraged to 6 use laptops or desktop computers for the video conference, as mobile devices often offer inferior 7 performance. Participants shall join the video conference by following the ZoomGov Meeting 8 hyperlink in the invitation. Participants who do not have Zoom already installed on their 9 device will be prompted to download and install Zoom before proceeding when they 10 click on the ZoomGov Meeting hyperlink. Zoom may then prompt participants to enter the 11 password included in the invitation. All participants will be placed in a waiting room until the 12 MSC begins. 13 3. Each participant should plan to join the Zoom video conference at least five 14 minutes before the start of the MSC to ensure that the MSC begins promptly at 9:30 a.m. The 15 Zoom e-mail invitation may indicate an earlier start time, but the MSC will begin at 16 the Court-scheduled time. 17 4. Zoom’s functionalities will allow the Court to conduct the MSC as it ordinarily would 18 conduct an in-person MSC. That is, the Court will begin the MSC with all participants joined 19 together in a main session. After an initial discussion in the main session, the Court will divide 20 participants into separate, confidential sessions, which Zoom calls Breakout Rooms.3 In a 21 Breakout Room, the Court will be able to communicate with participants from a single party in 22 confidence. Breakout Rooms will also allow parties and counsel to communicate confidentially 23 without the Court. 24
25 2 For help getting started with Zoom, visit: https://support.zoom.us/hc/en- us/categories/200101697-Getting-Started 26
27 3 For more information on what to expect when participating in a Zoom Breakout Room, visit: https://support.zoom.us/hc/en-us/articles/115005769646 28 1 5. No later than November 8, 2024, counsel for each party shall send an e-mail to 2 the Court at efile_Major@casd.uscourts.gov containing the following: 3 a. The name and title of each participant, including all parties and party 4 representatives with full settlement authority, claims adjusters for insured defendants, and the 5 primary attorney(s) responsible for the litigation; 6 b. An e-mail address for each participant to receive the Zoom video conference 7 invitation; and 8 c. A telephone number where each participant may be reached so that if 9 technical difficulties arise, the Court will be in a position to proceed telephonically instead of by 10 video conference. (If counsel prefers to have all participants of their party on a single conference 11 call, counsel may provide a conference number and appropriate call-in information, including an 12 access code, where all counsel and parties or party representatives for that side may be reached 13 as an alternative to providing individual telephone numbers for each participant.) 14 6. Confidential Settlement Statements Required: No later than November 8, 15 2024, the parties shall submit directly to Magistrate Judge Major's chambers 16 (efile_major@casd.uscourts.gov) confidential settlement statements no more than ten (10) 17 pages in length. These confidential statements shall not be filed or served on opposing 18 counsel. Each party's confidential statement must set forth the party’s statement of the case, 19 identify controlling legal issues, concisely set out issues of liability and damages, and shall set 20 forth the party’s settlement position, including any previous settlement negotiations, mediation 21 sessions, or mediation efforts, the last offer or demand made by that party, and a separate 22 statement of the offer or demand the party is prepared to make at the settlement conference. 23 If a specific demand or offer for settlement cannot be made at the time the brief is submitted, 24 then the reasons therefore must be stated along with a statement as to when the party will be 25 in a position to state a demand or make an offer. 26 General statements that a party will "negotiate in good faith" is not a specific demand 27 or offer contemplated by this Order. It is assumed that all parties will negotiate in good faith. 28 7. Full Settlement Authority Required: In addition to counsel who will try the 1 case, a party or party representative with full settlement authority4 must be present for the 2 conference. In the case of a corporate entity, an authorized representative of the corporation 3 who is not retained outside counsel must be present and must have discretionary authority to 4 commit the company to pay an amount up to the amount of Plaintiff's prayer (excluding punitive 5 damages prayers). The purpose of this requirement is to have representatives present who can 6 settle the case during the course of the conference without consulting a superior. Counsel for 7 a government entity may be excused from this requirement so long as the government attorney 8 who attends the Mandatory Settlement Conference (1) has primary responsibility for handling 9 the case, and (2) may negotiate settlement offers which the attorney is willing to recommend 10 to the government official having ultimate settlement authority. 11 8. Any request to continue the Mandatory Settlement Conference or request for relief 12 from any of the provisions or requirements of this Order must be sought by a written 13 application. The application must (1) be supported by a declaration of counsel setting forth 14 the reasons and justifications for the relief requested, (2) confirm compliance with Civil Local 15 Rule 83.3(g), and (3) report the position of opposing counsel or any unrepresented parties 16 subject to the Order. Absent good cause, requests for continuances will not be 17 considered unless submitted in writing no fewer than (7) days prior to the scheduled 18 conference. 19 If the case is settled in its entirety before the scheduled date of the conference, 20 counsel and any unrepresented parties must still appear in person, unless a written 21 joint notice confirming the complete settlement of the case is filed no fewer than 22 twenty-four (24) hours before the scheduled conference.
23 4 "Full settlement authority" means that the individuals at the settlement conference must be 24 authorized to explore settlement options fully and to agree at that time to any settlement terms acceptable to the parties. Heileman Brewing Co. v.
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 Case No.: 22CV492-JO (BLM) 10 WOODWAY USA, INC.,
11 Plaintiff, ORDER FOLLOWING MANDATORY SETTLEMENT CONFERENCE SETTING 12 v. SETTLEMENT CONFERENCE
13 LIFECORE FITNESS, INC. dba Assault Fitness, 14 Defendant. 15
16 17 On February 16, 2024, The Court convened a Mandatory Settlement Conference. ECF 18 No. 89. 19 The Court will conduct a follow-up Settlement Conference on November 20, 2024 at 20 9:30 a.m. 21 1. The Court will use its official Zoom video conferencing account to hold the MSC. 22 IF YOU ARE UNFAMILIAR WITH ZOOM: Zoom is available on computers through a 23 download on the Zoom website (https://zoom.us/meetings) or on mobile devices through the 24 installation of a free app.1 Joining a Zoom conference does not require creating a Zoom account, 25 but it does require downloading the .exe file (if using a computer) or the app (if using a mobile
26 1 Participants should use a device with a camera to fully participate in the video conference. If 27 possible, participants are encouraged to use laptops or desktop computers for the video conference, as mobile devices may offer inferior performance. 28 1 device). Participants are encouraged to create an account, install Zoom and familiarize 2 themselves with Zoom in advance of the MSC.2 There is a cost-free option for creating a Zoom 3 account. 4 2. Prior to the start of the MSC, the Court will e-mail each MSC participant an 5 invitation to join a Zoom video conference. Again, if possible, participants are encouraged to 6 use laptops or desktop computers for the video conference, as mobile devices often offer inferior 7 performance. Participants shall join the video conference by following the ZoomGov Meeting 8 hyperlink in the invitation. Participants who do not have Zoom already installed on their 9 device will be prompted to download and install Zoom before proceeding when they 10 click on the ZoomGov Meeting hyperlink. Zoom may then prompt participants to enter the 11 password included in the invitation. All participants will be placed in a waiting room until the 12 MSC begins. 13 3. Each participant should plan to join the Zoom video conference at least five 14 minutes before the start of the MSC to ensure that the MSC begins promptly at 9:30 a.m. The 15 Zoom e-mail invitation may indicate an earlier start time, but the MSC will begin at 16 the Court-scheduled time. 17 4. Zoom’s functionalities will allow the Court to conduct the MSC as it ordinarily would 18 conduct an in-person MSC. That is, the Court will begin the MSC with all participants joined 19 together in a main session. After an initial discussion in the main session, the Court will divide 20 participants into separate, confidential sessions, which Zoom calls Breakout Rooms.3 In a 21 Breakout Room, the Court will be able to communicate with participants from a single party in 22 confidence. Breakout Rooms will also allow parties and counsel to communicate confidentially 23 without the Court. 24
25 2 For help getting started with Zoom, visit: https://support.zoom.us/hc/en- us/categories/200101697-Getting-Started 26
27 3 For more information on what to expect when participating in a Zoom Breakout Room, visit: https://support.zoom.us/hc/en-us/articles/115005769646 28 1 5. No later than November 8, 2024, counsel for each party shall send an e-mail to 2 the Court at efile_Major@casd.uscourts.gov containing the following: 3 a. The name and title of each participant, including all parties and party 4 representatives with full settlement authority, claims adjusters for insured defendants, and the 5 primary attorney(s) responsible for the litigation; 6 b. An e-mail address for each participant to receive the Zoom video conference 7 invitation; and 8 c. A telephone number where each participant may be reached so that if 9 technical difficulties arise, the Court will be in a position to proceed telephonically instead of by 10 video conference. (If counsel prefers to have all participants of their party on a single conference 11 call, counsel may provide a conference number and appropriate call-in information, including an 12 access code, where all counsel and parties or party representatives for that side may be reached 13 as an alternative to providing individual telephone numbers for each participant.) 14 6. Confidential Settlement Statements Required: No later than November 8, 15 2024, the parties shall submit directly to Magistrate Judge Major's chambers 16 (efile_major@casd.uscourts.gov) confidential settlement statements no more than ten (10) 17 pages in length. These confidential statements shall not be filed or served on opposing 18 counsel. Each party's confidential statement must set forth the party’s statement of the case, 19 identify controlling legal issues, concisely set out issues of liability and damages, and shall set 20 forth the party’s settlement position, including any previous settlement negotiations, mediation 21 sessions, or mediation efforts, the last offer or demand made by that party, and a separate 22 statement of the offer or demand the party is prepared to make at the settlement conference. 23 If a specific demand or offer for settlement cannot be made at the time the brief is submitted, 24 then the reasons therefore must be stated along with a statement as to when the party will be 25 in a position to state a demand or make an offer. 26 General statements that a party will "negotiate in good faith" is not a specific demand 27 or offer contemplated by this Order. It is assumed that all parties will negotiate in good faith. 28 7. Full Settlement Authority Required: In addition to counsel who will try the 1 case, a party or party representative with full settlement authority4 must be present for the 2 conference. In the case of a corporate entity, an authorized representative of the corporation 3 who is not retained outside counsel must be present and must have discretionary authority to 4 commit the company to pay an amount up to the amount of Plaintiff's prayer (excluding punitive 5 damages prayers). The purpose of this requirement is to have representatives present who can 6 settle the case during the course of the conference without consulting a superior. Counsel for 7 a government entity may be excused from this requirement so long as the government attorney 8 who attends the Mandatory Settlement Conference (1) has primary responsibility for handling 9 the case, and (2) may negotiate settlement offers which the attorney is willing to recommend 10 to the government official having ultimate settlement authority. 11 8. Any request to continue the Mandatory Settlement Conference or request for relief 12 from any of the provisions or requirements of this Order must be sought by a written 13 application. The application must (1) be supported by a declaration of counsel setting forth 14 the reasons and justifications for the relief requested, (2) confirm compliance with Civil Local 15 Rule 83.3(g), and (3) report the position of opposing counsel or any unrepresented parties 16 subject to the Order. Absent good cause, requests for continuances will not be 17 considered unless submitted in writing no fewer than (7) days prior to the scheduled 18 conference. 19 If the case is settled in its entirety before the scheduled date of the conference, 20 counsel and any unrepresented parties must still appear in person, unless a written 21 joint notice confirming the complete settlement of the case is filed no fewer than 22 twenty-four (24) hours before the scheduled conference.
23 4 "Full settlement authority" means that the individuals at the settlement conference must be 24 authorized to explore settlement options fully and to agree at that time to any settlement terms acceptable to the parties. Heileman Brewing Co. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th 25 Cir. 1989). The person needs to have "unfettered discretion and authority" to change the settlement position of a party. Pitman v. Brinker Int'l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 26 2003). The purpose of requiring a person with unlimited settlement authority to attend the 27 conference contemplates 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. See Nick 28 1 9. All participants shall display the same level of professionalism during the MSC and 2 ||be prepared to devote their full attention to the MSC as if they were attending in person. 3 ||Because Zoom may quickly deplete the battery of a participant’s device, each participant should 4 ensure that their device is plugged in or that a charging cable is readily available during the 5 || video conference. 6 IT IS SO ORDERED. 7 || Dated: 2/19/2024 lxiobee Mager 8 Hon. Barbara L. ajor .
9 United States Maqistrate Judae
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