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Jenkins v. Xpresspa Group, Inc.

United States District Court, S.D. New York

January 10, 2020

RODGER JENKINS, et al., Plaintiffs,
v.
XPRESSPA GROUP, INC., Defendant.

          AMENDED SETTLEMENT CONFERENCE SCHEDULING ORDER

          SARAH L. CAVE, UNITED STATES MAGISTRATE JUDGE.

         A 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.

         Plaintiffs 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.[1]

         The 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 cavenysdchambers@nysd.uscourts.gov; 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 conference.

         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.

         Pursuant 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.

         A 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.

         Any 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.

         Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately.

         The Clerk of Court is respectfully directed to amend the Settlement Conference date and to close the Letter-Motion at ECF No. 82.

         SO ORDERED.

         UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

         Standing Order Applicable to Settlement Conferences Before Magistrate Judge Cave

         1. 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 ...


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