United States District Court, S.D. New York
AMENDED SETTLEMENT CONFERENCE SCHEDULING
L. CAVE, UNITED STATES MAGISTRATE JUDGE.
settlement conference is scheduled for Monday, March 2, 2020
at 2:00 pm in Courtroom 18A, 500 Pearl Street, New York, New
York. All persons attending the conference must arrive at
least 15 minutes beforehand to allow for the time required to
pass through the security process. Counsel must read the
Court's “Standing Order Applicable to Settlement
Conferences Before Magistrate Judge Cave, ” which is
attached and incorporated by reference in this Order. On
receipt of this Order, each counsel is directed to confirm
with all other counsel, and any pro se parties, that they
have received a copy of this Order.
are directed to make a settlement demand to the defendant (or
reaffirm any prior demand) no later than fourteen (14) days
before the settlement conference. Defendant shall inform
Plaintiffs of its response to the demand no later than seven
(7) days before the conference. If either party fails to
comply with this requirement, the other side must promptly
remind that party of its obligation to comply.
parties should note that paragraph 4 of the Standing Order
requires certain written submissions, which must be received
by the Court and opposing counsel no later than midnight four
(4) business days before the conference: that is Tuesday,
February 25, 2020. These submissions must be emailed to
Chambers at email@example.com; the
submissions should not be submitted via the ECF system.
Counsel must ensure that their client(s) and insurer(s), if
any, have read the other side's submission before the
parties are also directed to pay particular attention to
paragraphs 3 and 7 of the Standing Order, which set forth who
must appear at the settlement conference. As noted in
paragraph 7, corporations (and any other party that is not a
natural person) must send to the conference the person
responsible for giving settlement authority within the
organization, not someone who has received authority from
another person. In addition, if an insurer has any role in
approving a settlement, a representative of the insurer with
responsibility for authorizing settlement must also attend
the conference. Counsel is responsible for ensuring that the
appropriate individuals appear.
to paragraph 9 of the Standing Order, counsel must seek a
change in the date of the conference if (1) an adjournment
would permit a party to obtain information that would make
the conference more productive, or (2) a client who would
otherwise participate by telephone would be available to
attend the conference in person if held on another date.
Counsel are directed to follow the instructions in paragraph
9 to request an adjournment.
defendant who intends to raise a lack of financial resources
as a basis for its settlement position must comply with the
procedures in paragraph 10 of the Standing Order.
party seeking a modification to the procedures required by
this Order should make an application promptly by
Letter-Motion filed on ECF and should state the position of
all other parties as to the proposed modification. Such a
Letter-Motion must be sent separately from the letter
required by paragraph 4 of the Standing Order and must comply
with Magistrate Judge Cave's Individual Practices
available at https://www.nysd.uscourts.gov/hon-sarah-l-cave.
the parties resolve the litigation before the conference
date, they must notify the Court in writing immediately.
Clerk of Court is respectfully directed to amend the
Settlement Conference date and to close the Letter-Motion at
ECF No. 82.
STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Order Applicable to Settlement Conferences Before Magistrate
Settlement conferences form no part of the record. All
communications made as part of the settlement conference
process are strictly confidential and may not be used for ...