KIRK v. INNVEST BAYOU LLC et al

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
KHRISTOPHER R. KIRK
Plaintiff,
v. 	Case No.: 3:25cv1313/TKW/ZCB
INNVEST BAYOU LLC, et al.,
Defendants.
/
ORDER SETTING SETTLEMENT CONFERENCE
This case has been referred to the undersigned for a settlement
conference. 	(Doc. 	11). 	The 	conference 	will 	be 	held1 	on 	Monday,
January 12, 2026, from 9:00 a.m. to 11:00 a.m., central time, in
Courtroom 3 South, United States District Courthouse, 1 North Palafox
Street, Pensacola, Florida.
Required Participants
Each 	party 	must 	be 	represented—in 	person—by 	the 	following
required participants: (1) counsel who is familiar with the case, if the
party is represented by counsel; (2) the party and/or decisionmaker of the
party, who must have full authority to act on behalf of the party; and (3)
1 This settlement conference will be held in person. Remote attendance
will not be permitted.
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if a party is insured, a representative with full authority to authorize a
settlement.2
“Full Authority” Defined
“Full authority” means that those participating on behalf of a party
should be the party’s decisionmaker. 	A person with “full authority” is a
person who can make independent decisions that bind the party, adjust
to information as it is presented in the dynamic environment of a
settlement 	conference, 	and 	consider/propose 	creative 	solutions 	and
resolutions. 	This means the person who is present for a party should
have the ability to make decisions regarding settlement without having
to make phone calls or request additional approval from other people who
are not present. A person does not have “full authority” if that person is
simply authorized to make an offer or accept a certain pre-ordained
amount. These requirements are intended to increase the efficiency and
effectiveness of the settlement 	conference 	by reducing the time 	for
2 Failure to comply with the attendance provisions of this order may
result in an award of costs and attorney’s fees incurred by the other
parties in connection with the conference or the imposition of other
appropriate sanctions. See generally Pinero v. Corp. Courts at Miami
Lakes, Inc., 389 F. App’x 886 (11th Cir. 2010) (affirming sanctions against
a 	party for failing 	to 	ensure 	person 	with 	full 	settlement 	authority
attended settlement conference as required by the court’s order).
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communication of offers, expanding the ability to explore options for
settlement, and facilitating settlement.
Mandatory Negotiation Prior to the Settlement Conference
Settlement conferences often are unproductive unless the parties
have exchanged demands and offers before the conference and made a
serious effort to settle the case on their own. 	Therefore, before the
settlement conference, the parties shall negotiate and make a good faith3
effort to settle the case without the involvement of the Court. 	At a
minimum, specific proposals and counterproposals shall be exchanged
before the conference, even if such proposals were exchanged previously.
Communication with the Court if Settlement is Reached
Should the parties arrive at a settlement before the settlement
conference, the parties shall immediately communicate this to the Court
by filing a joint notice of settlement. The undersigned would then cancel
the settlement conference.
3 This means working to actually settle the case, as opposed to making
low-ball 	or 	unreasonably 	high 	offers 	as 	part 	of 	some 	negotiating
gamesmanship “strategy.”
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Pre-Settlement Conference Calls
The Court will conduct separate pre-settlement conference calls
with counsel only. On January 9, 2026, at 4:00 p.m., central time, the
Court will hold a call with only counsel for Plaintiff. On January 9,
2026, at 4:30 p.m., central time, the Court will hold a call with only
counsel for Defendants. Call-in instructions for the above calls will be
sent by separate emails to each party’s counsel.
Confidential Settlement Statements
No later than 5:00 p.m., central time, on January 9, 2026, each
party shall provide to the chambers of the undersigned a confidential
settlement statement. 	Plaintiff and Defendants shall independently
submit 	their 	respective 	confidential 	settlement 	statements 	to
Carey_King@flnd.uscourts.gov. The parties shall not file the confidential
settlement statements with the Clerk of Court or serve them upon
opposing counsel, as the statements will not become a part of the file of
this case and will be for the exclusive use of the undersigned in preparing
for and conducting the conference.
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Contents of the Confidential Settlement Statements
Each confidential settlement statement shall contain:
(1) A brief description of all remaining claims and the applicable
law and defenses;
(2) A concise recitation of the facts and evidence the party expects
to present at trial, including evidence that supports any claim
for damages;
(3) A brief description of the relief that may be afforded to the
prevailing party at trial (e.g., the nature and extent of damages
and entitlement to attorney’s fees). 	Counsel must also include
an explanation of how the damages have been computed or, if
appropriate, counsel’s good faith belief that damages are not
recoverable.
(4) An estimate of attorney’s fees and costs of litigation to date, as
well as an estimate of attorney’s fees and costs if the case went
to trial;
(5) An outline of settlement negotiations to date, including the most
recent proposals and counterproposals; and
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(6) A 	statement 	regarding 	whether 	any 	settlement 	terms 	are
believed to be “nonnegotiable” and, if so, a description of those
terms.
The confidential settlement statements should not exceed fifteen
pages in length (double-spaced in 12-point font).
Draft Joint Settlement Agreement
No later than 5:00 p.m., central time, on January 9, 2026,
counsel shall submit via email to Carey_King@flnd.uscourts.gov a draft
joint settlement agreement that contains all terms agreed to by the
parties in advance of the conference, such as mutual releases, dismissal
with prejudice, and confidentiality. The draft joint settlement agreement
shall leave blank any disputed terms that need to be resolved at the
conference, such as the settlement amount. 	The draft joint settlement
agreement shall be submitted in Microsoft Word format.
Confidentiality of the Settlement Conference
The settlement conference will be conducted in such a manner as
not to prejudice any party in the event settlement is not reached. To that
end, all matters communicated to the undersigned in confidence before
or during the conference will be kept confidential.
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Structure of the Settlement Conference
At the conference, the undersigned will briefly address the parties
jointly 	in 	open 	court. 	No 	opening 	statements 	by 	counsel 	will 	be
permitted. 	After 	the 	undersigned’s 	preliminary 	remarks, 	separate,
confidential caucuses will be conducted with each side. 	The conference
will end when settlement is reached, when the undersigned concludes
that further negotiation would be unlikely to result in settlement, or by
11:00 a.m. when the undersigned’s criminal docket commences.
The parties are advised that the undersigned has a heavy docket,
and this settlement conference is being held at the request of the parties.4
Thus, the parties are expected to arrive at the settlement conference
ready and willing to expeditiously settle this case.
SO ORDERED this 7th day of January 2026.
/s/ Zachary C. Bolitho
Zachary C. Bolitho
United States Magistrate Judge
4 The Court has also agreed to hold this settlement conference on an
extremely expedited basis, as requested by the parties. 	Because the
Court has taken every effort to accommodate the requests made by the
parties, the Court fully expects the parties not to waste its time at the
settlement 	conference 	by 	engaging 	in 	gamesmanship 	or 	presenting
unreasonable offers or demands.
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