Peterson v. Murex Petroleum Corporation et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Adam Peterson, 	)
)
Plaintiff, 	)
)
vs. 	) 	ORDER FOR SETTLEMENT
) 	CONFERENCE
Murex Petroleum Corporation, 	)
Mickey Peck, company man, 	)
Stokes and Spiehler, Stokes and Spiehler 	)
Onshore, Inc., Earl Britzenhoff, Company 	)
Man, and Phoenix Operating Company, 	)
) 	Case No. 1:17-cv-165
Defendants, 	)
)
and 	)
)
Murex Petroleum Corporation, 	)
)
Defendant and 	)
Third-Party Plaintiff, 	)
)
vs. 	)
)
WISCO, Inc., 	)
)
Third-Party Defendant. 	)
______________________________________________________________________________
On May 17, 2019, Third-Party Defendant WISCO, Inc. ("WISCO") filed a request for a
settlement conference in the above entitled matter. The court subsequently held a status conference
with counsel for Murex Petroleum Corporation and WISCO. Pursuant to the its discussion with
counsel, the court GRANTS WISCO's request (Doc. No. 160).
Accordingly, a settlement conference between Murex and WISCO shall be scheduled before
the undersigned on August 14, 2019, at 9:00 a.m. It shall be held at the U.S. Courthouse located in
Bismarck, North Dakota (Eagle courtroom). It shall be attended by both parties, together with trial
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counsel for each party. 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. 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.
The parties shall submit brief settlement statements so no later than two days prior to the
settlement conference. 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 email their settlement statements to ndd_J-Miller@ndd.uscourts.gov. 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.
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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 29th day of May, 2019.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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