Agoracom: Small Cap Investment - e.Digital - Pacer - Settlement conference EDIG v. SANDISK On or before January 3, 2014 !!

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Pacer - Settlement conference EDIG v. SANDISK On or before January 3, 2014 !!

in response to

Re: happy edig thursday (partial)

emit

posted on Sep 12, 2013 08:16PM

MINUTES OF THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

e.DIGITAL v. SANDISK No. 12-2698-DMS(WVG)

HON. WILLIAM V. GALLO CT. DEPUTY J. YAHL RPTR.

At counsel’s request, the date and time of the Early Neutral

Evaluation Conference on September 18, 2013 at 9:30 AM is vacated and

reset for January 10, 2014 at 9:30 AM.

All parties or their representatives who have full authority to enter

into a binding settlement, in addition to the attorneys participating

in the litigation, shall be present at the conference.

Pursuant to Local Civil Rule 16.3, all party representatives and

claims adjusters for insured defendants with full and unlimited

authority to negotiate and enter into a binding settlement, as well

as the principal attorney(s) responsible for the litigation, must be

present and legally and factually prepared to discuss and resolve the

case at the mandatory settlement conference. Retained outside

corporate counsel shall not appear on behalf of a corporation as the

party who has the authority to negotiate and enter into a settlement.

"Full authority to settle" means that the individuals at the

settlement conference must be authorized to fully explore settlement

options and to agree at that time to any settlement terms acceptable

to the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871

F.2d 648 (7th Cir. 1989). The person needs to have "unfettered

discretion and authority" to change the settlement position of a

party. Pitman v. Brinker Intl., Inc., 216 F.R.D. 481, 485-486 (D.

Ariz. 2003). The purpose of requiring a person with unlimited

settlement authority to attend the conference includes that the

person's view of the case may be altered during the face to face

conference. Id. at 486. A limited or a sum certain of authority is

not adequate. Nick v. Morgan's Foods, Inc., 270 F.3d 590 (8th Cir.

2001).

On or before January 3, 2014, counsel shall submit settlement

conference statements to the chambers of Magistrate Judge Gallo.

DATED: September 11, 2013

Hon. William V. Gallo

U.S. Magistrate Judge

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