Weslease 2018 Operating LP v. 640Services et al

1:19-cv-00154Ndd23 nov. 2020

Texte intégral

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
WESLEASE 2018 OPERATING LP, 	)
) 	ORDER FOR SETTLEMENT
Plaintiff, 	) 	CONFERENCE
)
vs. 	)
)
640SERVICES, 	)
KEITH MORLOCK 	)
) 	Case No. 1:19-cv-154
Defendant. 	)
______________________________________________________________________________
IT IS ORDERED:
A settlement conference will be held before the magistrate judge on January 14, 2021, at 9:00
a.m at the U.S. Courthouse located in Bismarck, North Dakota (courtroom #2).
The conference shall be attended in person or electronically, by all parties, together with trial
counsel (if they are represented) for each party. 	At least one person for each party shall appear
personally to facilitate the electronic appearance by others. An insured party need not attend unless
the settlement decision will be made in part by the insured. When the settlement decision will be
made in whole or in part by an insurer, the insurer shall send a representative or otherwise have a
person available electronically. The persons attending shall be vested with the necessary settlement
authority. Any relief from these requirements must be obtained in advance. Failure to produce the
appropriate person(s) at the conference may result in an award of costs and attorney fees incurred by
the other parties in connection with the conference and/or other sanctions against the noncomplying
party and/or counsel.
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Case 1:19-cv-00154-DLH-CRH Document 29 Filed 11/23/20 Page 1 of 2
Each party shall submit a confidential settlement statement to the Court no later than two days
prior to the final settlement conference. The settlement statement shall not become a part of the file
of the case, but shall be for the exclusive use of the Court in preparing for and conducting the
settlement conference.
The settlement statement shall contain a specific recitation of the facts, a discussion of the
strengths and weaknesses of the case, the parties' positions on settlement, including a present
settlement proposal, and a report on settlement efforts to date. If not already part of the court file,
copies of any critical agreements, business records, photographs or other documents or exhibits shall
be attached to the settlement statement. The settlement statement should not be lengthy, but should
contain enough information to be useful to the Court in analyzing the factual and legal issues in the
case. The parties are directed to be candid in their statements.
The parties shall submit their settlement statement to the court via 	e-mail 	(ndd_J-
Hochhalter@ndd.uscourts.gov) at least two (2) days prior to the settlement conference. 	The
settlement statement shall not be filed with the Clerk's office. Copies of the settlement statement shall
not be provided to the other parties in the case.
Counsel are directed to confer with their clients in advance of the conference to explore the
parties’ settlement positions, and the parties are encouraged to exchange settlement proposals prior
to the conference. These steps will enable the conference to progress more expeditiously.
Dated this 23rd day of November, 2020.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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Case 1:19-cv-00154-DLH-CRH Document 29 Filed 11/23/20 Page 2 of 2

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