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Maiden Lane Hospitality Group LLC v. Beck

United States District Court, S.D. New York

January 15, 2020

MAIDEN LANE HOSPITALITY GROUP LLC, et al., Plaintiffs,
v.
DAVID CORY BECK, et al., Defendants.

          ORDER SCHEDULING SETTLEMENT CONFERENCE

          BARBARA MOSES, UNITED STATES MAGISTRATE JUDGE.

         A settlement conference is scheduled before Magistrate Judge Barbara Moses on February 13, 2020, at 2:15 p.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007.

         THE PARTIES ARE DIRECTED TO READ THIS ENTIRE ORDER CAREFULLY. FAILURE TO COMPLY WITH PRE-CONFERENCE RESPONSIBILITIES MAY RESULT IN SANCTIONS.

         1. Attendance of Parties, Trial Counsel, and Carriers Required.

         Each party must attend the settlement conference in person, accompanied by that party's lead trial attorney. Counsel must be fully knowledgeable concerning the facts of the case, relevant law, and the progress of the case to date, including settlement discussions.

a. If a party is a corporation, union, or other non-natural person, it must send a decision-maker with knowledge of the case and responsibility for determining the amount of any ultimate settlement; that is, a person who decides what settlement authority to give to counsel, not a person who has received, or must seek, authority from someone else within the organization.
b. If a party or party representative does not speak English, counsel must arrange for an interpreter to attend the conference and provide simultaneous translation.
c. If liability insurance is involved, each relevant carrier must send a decision-maker with knowledge of the case and responsibility for determining the amount of the ultimate settlement (or the carrier's portion thereof).
d. If a party fails to attend the settlement conference with all of the required persons, that party may be required to reimburse the other parties for their time and travel expenses or face other sanctions.

         2. Pre-Conference Settlement Discussion Required.

         The purpose of a Court-facilitated settlement conference is to settle the case - not simply to begin a settlement dialog. The Court normally holds only one settlement conference per case. The Court therefore requires that, promptly after receipt of this Order, the parties conduct at least one good-faith settlement discussion, in person or by telephone, and that each party convey to each opposing party at least one good-faith settlement demand or offer, in advance of the deadline, set forth below, for submitting confidential settlement letters. Past settlement negotiations may not be relied upon to satisfy this requirement. Counsel should continue such discussions among themselves prior to the conference so as to clarify issues, narrow disputes, and otherwise make the conference as efficient and meaningful as possible.

         3. Confidential Settlement Letter.

         No. later than one week (seven calendar days) before the conference, each party shall submit a confidential settlement letter to chambers by email, addressed to MosesNYSDChambers@nysd.uscourts.gov, marked "Confidential Material for Use Only at Settlement Conference." Do not file the confidential settlement letter on ECF. Do not send copies to adverse parties unless all parties have agreed to exchange their letters. Settlement letters are limited to six pages, not including any exhibits, which are permitted but should be kept to a minimum. Each letter should contain:

a. A summary of the relevant facts and law, focusing on the issues most pertinent to settlement. For example, if liability depends on an uncertain legal issue, the parties' letters should identify that issue and any key case law or statutes. Conversely, if liability is not ...

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