United States District Court, S.D. New York
ORDER SCHEDULING SETTLEMENT CONFERENCE
BARBARA MOSES, UNITED STATES MAGISTRATE JUDGE.
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,
PARTIES ARE DIRECTED TO READ THIS ENTIRE ORDER CAREFULLY.
FAILURE TO COMPLY WITH PRE-CONFERENCE RESPONSIBILITIES MAY
RESULT IN SANCTIONS.
Attendance of Parties, Trial Counsel, and Carriers
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
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
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.
Pre-Conference Settlement Discussion Required.
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
Confidential Settlement Letter.
later than one week (seven calendar days) before the
conference, each party shall submit a confidential settlement
letter to chambers by email, addressed to
"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