Local Rule LCvR16.2: Judicial Settlement Conferences

LCvR16.2 Judicial Settlement Conferences.

(a) Scheduling. Parties may individually or jointly request that a case be referred for a judicial settlement conference. The court may also refer the case for a judicial settlement conference with or without a request from a party. Whether a case will be automatically referred to a judicial settlement conference varies by district judge. The parties should refer to the rules and/or procedures of the district judge assigned to the case for more information.

(b) Required Attendance.

(1) Named Parties. Each named party shall attend the conference, regardless of the availability of insurance. If any party is not a natural person, a representative of that party with knowledge of the relevant facts shall attend the settlement conference.

(2) Governmental Body. If approval by a Governmental Body is required by law to authorize settlement, attendance of at least one current member of the Governmental Body is required. "Governmental Body" as used in this subsection (b)(2) means a governmental board of directors, trustees, commissioners, managers, or other similar officers.

(3) Insurers and/or Subrogors. Insurers and/or subrogors of any party shall attend the conference. Counsel for any such party is responsible for notifying the insurer and/or subrogor of this requirement.

(4) Lead Trial Counsel. Lead trial counsel for each named party shall attend the conference.

(c) Required Settlement Authority. Except as otherwise provided in LCvR16.2(b)(2), each party must attend with full settlement authority, as defined in the settlement conference order. That authority may not be delegated to outside counsel.

(d) Settlement Conference Statements. Unless otherwise ordered, each party shall submit a settlement conference statement to the assigned settlement judge and serve counsel for all other parties at least 3 business days before the conference. A cover sheet in the form prescribed in Appendix VI shall be submitted with the statement. The statement shall not exceed 5 pages double-spaced and shall set forth the relevant positions of the parties concerning factual issues, legal issues, and relief requested. The statement and cover sheet shall not be filed in the case or made part of the court file.

(e) Required Discussions Prior to the Settlement Conference. Prior to the settlement conference, the attorneys shall discuss settlement and other forms of alternative dispute resolution with their respective clients and opposing counsel (or pro se parties). The history of the negotiations shall be stated in the cover sheet to the settlement conference statement.

(f) Confidentiality and Limitations of Use of Settlement Information. All communications made in connection with a settlement conference, other than as stated below, shall be considered confidential. Unless otherwise permitted under Fed. R. Evid. 408 or any other provision of federal law, communications made in connection with a judicial settlement conference may not be used by any party in the trial of the case. Any motion by counsel or reports by the settlement judge, including those concerning noncompliance with the local rules, shall not violate confidentiality.

(g) Requests for Relief. A request for relief from any aspect of this rule shall be made to the settlement judge in the manner set forth in the settlement conference order.

(h) Sanctions. Failure to comply with any provision of this rule or the settlement conference order may result in the imposition of sanctions.