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FCA Associates v. Texaco Inc.

January 4, 2006

FCA ASSOCIATES, FCA ASSOCIATES L.L.C., PLAINTIFFS,
v.
TEXACO INC., TEXACO REFINING AND MARKETING INC., DEFENDANTS.
TEXACO INC., TEXACO REFINING AND MARKETING INC., THIRD PARTY PLAINTIFFS,
v.
METRO TIRE AND AUTO SERVICE CENTER INC., ROSARIO MORREALE, JOSEPH PANZARELLA, CHARLES LEONE, JOSEPH D'AMICO, AND FRED ZAMBITO, THIRD PARTY DEFENDANTS,



The opinion of the court was delivered by: Michael A. Telesca United States District Judge

ORDER

This case is scheduled for a settlement conference on March 29, 2006, at 8:00 a.m. at the Office of the Clerk of the District Court, United States Courthouse, 100 State Street, 2nd Floor, Rochester, New York, 14614 before the Honorable Victor E. Bianchini, United States Magistrate Judge.

Trial counsel, parties, and persons with full authority to settle the case are hereby ORDERED to personally attend the settlement conference, unless excused by the Court for good cause. If consent to settle is required for any reason, the party with the consent authority shall be personally present at the settlement conference. If no trial counsel or person with full authority to settle a case is personally present at the settlement conference, unless excused for good cause, the party may be subject to appropriate sanctions pursuant to Rule 16(f)of the Federal Rules of Civil Procedure.

Experience teaches that settlement conferences are often unproductive unless the parties have exchanged demands and offers before the conference and made a serious effort to settle the case on their own. Accordingly, before arriving at the settlement conference, the parties are to negotiate and make a good faith effort to settle the case without the involvement of the Court. Specific proposals and counter proposals shall be made. If settlement is not achieved before the settlement conference, the parties shall be prepared to engage in further negotiations at the conference.

SETTLEMENT STATEMENTS/BRIEFS

In addition to discussing settlement among themselves and exchanging demands and offers before the conference, written statements of the position of each party shall be lodged with theHon. Victor E. Bianchini, 501 United States Courthouse, 68 Court Street, Buffalo, New York 14202, and served on the other parties. Each party is directed to forward two (2) copies of its settlement statement to Magistrate Judge Bianchini, and one (1) copy to all other parties to the litigation. DO NOT file settlement statements with the Clerk of the District Court. The settlement statements must served on the Court and the other parties seven (7) COURT days prior to the settlement conference, unless otherwise ordered. If service is by mail, all papers must be mailed not less than ten (10) days before the court date. If service by mail is not made within this time period, the settlement statements shall not become a part of the file and will be discarded. Confidential matters may be brought to the attention of Magistrate Judge Bianchini during the settlement conference either orally or in writing.

Settlement statements shall not exceed five (5) pages, excluding attachments, and shall include the necessary information to concisely support issues of liability and damages, a settlement demand and offer, as well as an itemization of special and general damages, if applicable. Specifically, the settlement statement or brief should include the following:

1. A brief statement outlining the names of the parties and their counsel;

2. A discussion of the factual and legal issues of the case, including a discussion of any reports and recommendations, or decisions and orders that have been issued in the case;

3. A discussion of plaintiff's, or any other party's, available remedies/damages (e.g., in an employment discrimination case the amount of back pay, subsequent earnings, mitigation, reinstatement or front pay, compensatory damages, if any, etc.; in a personal injury case, a description of plaintiff's injuries, medical records, IMEs, wage loss, if any, and mitigation, etc.);

4. The status of the litigation, including discovery, dispositive motions and trial date, if any;

5. The status of settlement discussions, including the latest demand and offer that has been exchanged in accordance with this Order; and

6. Any other issue that the party believes is relevant and would facilitate settlement.

The purpose of the settlement conference is to facilitate settlement of this case if that is appropriate. The conference will be conducted in such a manner as not to prejudice any party in the event settlement is not reached. To that end, all matters communicated to Judge Bianchini in confidence will be kept confidential and will not be disclosed to any other party or ...


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