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Macheda v. Household Finance Realty Corp. of New York

July 17, 2008

WINIFRED MACHEDA AND RICHARD MACHEDA, PLAINTIFFS, V HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK, DEFENDANT.


The opinion of the court was delivered by: Hon. Norman A. Mordue, Chief U.S. District Judge

ORDER SETTING SETTLEMENT CONFERENCE

The Court has scheduled this case for a settlement conference. All parties and their lead counsel are hereby

ORDERED TO APPEAR BEFORE THE UNDERSIGNED at the following location and time:

James Hanley Federal Building 12th Floor 100 South Clinton Street Syracuse, New York at 10:00 a.m. on July 31, 2008

IT IS FURTHER ORDERED that each party must be represented at the conference by an attorney who has authority to bind that party regarding all conference matters, including settlement. Unless an attorney representing an insured party or corporate or governmental entity has such binding authority, or immediate access to such authority, those parties shall appear by a representative who is authorized to discuss and make recommendations relating to settlement.*fn1

Because settlement conferences are more effective when the parties have exchanged demands and offers in advance and made a serious effort to settle the case on their own, it is hereby further

ORDERED that before arriving at the settlement conference, the parties are to negotiate and make a good faith effort to settle the case without judicial involvement. Specific proposals and counter proposals shall be made. If advance settlement is not achieved, the parties shall be prepared to engage in further negotiation at the conference.

The purpose of the conference is to achieve settlement, if appropriate. It 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 the undersigned in confidence will be kept confidential and will not be disclosed to any other party. To facilitate that process, the parties are hereby further

ORDERED to complete the settlement conference statement included with this order as Attachment 1, and forward that document to the chambers of the Hon. Norman A. Mordue, Chief U.S. District Judge, James Hanley Federal Building, U.S. District Court, 100 South Clinton Street, Syracuse, New York, 13261, to the Attention of Judi L. Roberts, Courtroom Deputy Clerk, on or before July 25, 2008.*fn2 The statements can be e-mailed to Judi_Roberts@nynd.uscourts.gov.

At the settlement conference the parties, by counsel, may be requested to give a brief presentation outlining the factual and legal highlights of their case. Separate, confidential caucuses may then be held with each party and the party's representative(s). Accompanying this order as Attachment 2 is an outline for counsel to review with the parties prior to the settlement conference to make the best use of the time allotted.

The request for parties' personal appearance is intended to increase the efficiency and effectiveness of the settlement conference by reducing the time for communication of offers and expanding the ability to explore options for settlement.

In the event that this case does not settle, the Jury Trial will commence on September 8, 2008 at 9:00 a.m., in Syracuse, New York. Rule 26 Disclosures are due on or before August 8, 2008.

IT IS SO ORDERED.

Attachment 1

PRETRIAL & SETTLEMENT CONFERENCE STATEMENT ( NOT FOR PUBLIC VIEW NOT FILED IN ACCORDANCE WITH L.R. 5.7

** THIS DOCUMENT WILL BE PROVIDED TO THE CLERK AND CASE NAME: Macheda v. Household Finance Realty Corporation ACTION NO.: 5:04-CV-0325

ASSIGNED JUDGE: Norman A. Mordue ASSIGNED MAGISTRATE JUDGE: David E. Peebles

Each Attorney is required to submit the following information on behalf of his or her client in short, concise form, in order to present a brief overview of the facts of the case. This information will be used by the Court during the scheduled final pretrial/settlement conference and therefore, must be provided to the Court ten (10) days in advance of the conference date. PARTY/PARTIES REPRESENTED:

(use additional page if necessary)

A BRIEF PERSONAL HISTORY REGARDING ...


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