United States District Court, S.D. New York
MALAAIKA LACARIO, on behalf of herself and all others similarly situated, Plaintiff,
HEALTHFIRST, INC., Defendant.
NATHANIEL FOX UNITED STATES MAGISTRATE JUDGE
HEREBY ORDERED that a settlement conference shall be held in
the above-captioned action on January 16, 2020, at 10:30
a.m., in courtroom 228, 40 Centre Street, New York, New York.
parties are directed to review and comply with the
undersigned's Procedures Applicable to Cases Referred for
Settlement, a copy of which is being provided to the parties
with this Order. Additionally, at least seven days prior to
the settlement conference, the parties must confer, in person
or by telephone, to engage in good-faith settlement
negotiations. Should the parties resolve the litigation prior
to the conference date, they must notify the undersigned, in
APPLICABLE TO CASES REFERRED FOR SETTLEMENT TO MAGISTRATE
JUDGE KEVIN NATHANIEL FOX
No later than three (3) business days before the
settlement conference, each party must provide Judge
Fox: (1) a pre-conference letter; and (2) a completed
attendance acknowledgment form (see Page 3). Both submissions
should be sent via facsimile to (212) 805-6712, during
regular business hours, 9:00A.M. - 5:00P.M. Parties
proceeding pro se need not submit the attendance
form, but must provide a pre-conference letter, which they
may mail to Judge Fox at 40 Centre Street, Room 425, New
York, NY 10007.
pre-conference letter should be no longer than five pages and
marked prominently “CONFIDENTIAL MATERIAL FOR USE AT
SETTLEMENT CONFERENCE.” The letter need not be provided
to any other party. The letter should state succinctly: (1)
the history of settlement negotiations; (2) the party's
evaluation of the settlement value of the case and the
rationale for it (not simply an “opening bid”);
and (3) any other facts that would be helpful to Judge Fox in
preparation for the conference.
Parties - not just their counsel - must attend the
settlement conference. Corporate parties or labor
unions must send a person with decision-making authority.
Where liability insurance is involved, a knowledgeable
representative of the carrier should attend, in addition to
4. If a
party fails to come to the settlement conference with all the
required persons, that party may be required to
reimburse all other parties for their time and travel
expenses. Judge Fox only holds one settlement
conference, so it is imperative that all parties come
prepared on their scheduled date.
Parties who are in prison or live more than 100 miles from
New York City may participate in the settlement conference
via telephone. Parties participating via telephone must be on
the telephone for the duration of the conference. A party
participating via telephone should call (212) 805-6705, at
least five (5) minutes prior to the commencement of the
settlement conference. Where more than one party is
participating via telephone, it is the responsibility of the
parties to coordinate, among themselves, a conference call,
in which an operator may be engaged to put parties on hold
separately, as Judge Fox directs.
the settlement conference, all parties will be permitted to
make a brief presentation summarizing: (1) the issues of fact
and law which they regard as dispositive; (2) the most recent
offer or demand communicated to the adversary party; and (3)
any other matters they regard as material to settlement.
Although the merits of the case are relevant to settlement
value, the parties are reminded that settlement conferences
are not adjudicatory in nature.
After all parties have made their brief presentations, Judge
Fox will meet separately with each party. In these meetings,
the parties and counsel should be prepared to discuss the
bases for their stated position, the amount of attorney's
fees and litigation expenses incurred to date, if any, and an
estimate of the cost of litigating the case to judgment.
settlement conferences are “off the record” and
all communications made to Judge Fox in connection with the
conference are confidential.
request for adjournment of the settlement conference must be
in the form of a joint letter from all the parties, and
should suggest ...