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Spartan Brands, Inc. v. Duke Cannon Supply Co. LLC

United States District Court, S.D. New York

January 14, 2020

SPARTAN BRANDS, INC., Plaintiff,
v.
DUKE CANNON SUPPLY CO., LLC, Defendant.

          ORDER

          JAMES L. COTT, UNITED STATES MAGISTRATE JUDGE.

         A settlement conference will be held before me on February 10, 2020 at 10:00 a.m. in Courtroom 21D, United States Courthouse, 500 Pearl Street, New York, New York.

         The Court's “Standing Order for All Cases Referred for Settlement to Magistrate Judge James L. Cott” is enclosed and is incorporated herein by reference. Please read the Standing Order carefully. Failure to comply with the Standing Order may result in sanctions. The parties are directed to pay particular attention to paragraph 5, which sets forth who must appear at the conference on behalf of a corporate party. The parties should also note that paragraph 3 of the Standing Order requires ex parte written submissions to be filed five (5) business days prior to the conference, in this case February 3, 2020. Paragraph 4 requires that a copy of the Acknowledgment Form be submitted to opposing parties and another copy be submitted to the Court together with the ex parte settlement letter. Pursuant to the instructions in the Standing Order, the parties should email these materials to CottNYSDChambers@nysd.uscourts.gov. If the ex parte submission, including attachments, is more than 10 pages, the parties should hand deliver or overnight mail a courtesy copy to chambers. For settlement conferences scheduled to begin at 10:00 a.m., the parties should arrive at the Courthouse no later than 9:45 a.m. in order to ensure sufficient time to pass through security.

         Finally, Paragraph 3 of the Standing Order requires that if plaintiff has not already made a demand, it must do so no later than 14 days prior to the conference, and defendant shall respond no later than 7 days thereafter. Even if plaintiff has made a demand as part of a court-ordered or private mediation previously attended by the parties, plaintiff is still required to make (or renew) a demand 14 days prior to the conference, and defendant must respond within 7 days. In other words, the parties should not wait for the settlement conference in order to commence negotiations of a resolution of their dispute.

         SO ORDERED.

         Standing Order for All Cases Referred for Settlement to Magistrate Judge James L. Cott

         Chambers 500 Pearl Street, Room 1360 United States Courthouse New York, NY 10007 Telephone: (212) 805-0250 Facsimile: (212) 805-7990 CottNYSDChambers@nysd.uscourts.gov

         Courtroom 500 Pearl Street, Room 21-D United States Courthouse Southern District of New York New York, NY 10007

         "You never really understand a person until you consider things from his point of view - until you climb into his skin and walk around in it." (Atticus Finch in To Kill A Mockingbird)

         Introduction

         The Court believes the parties should fully explore settlement at the earliest practical opportunity. Early consideration of settlement allows the parties to avoid the substantial cost, expenditure of time, and uncertainty that are typically part of the litigation process. Even for those cases that cannot be resolved, early consideration of settlement can provide the parties with a better understanding of factual and legal nature of their dispute and streamline the issues to be litigated.

         Consideration of settlement is a serious matter that requires thorough preparation prior to the settlement conference. It also requires the earnest consideration of the other side's point of view, as the quote above suggests. Set below are the procedures the Court will require the parties and counsel to follow and the procedures the Court typically will employ in conducting the conference.

         1. Confidential Nature of Conference. All settlement conferences are "off the record." All communications relating to settlement are strictly confidential and may not be used for any purpose. They are not to be used in discovery and will not be admissible at trial.

         2. Magistrate Judge's Role. The magistrate judge functions as a mediator, attempting to help the parties reach a settlement. Efficient use of this process requires that counsel and their clients be (a) ...


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