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- ilnd;;1:13-cv-02136_de35 RegisterActionDate "2013-06-27" @default.
- ilnd;;1:13-cv-02136_de35 RegisterActionDescriptionText "MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to 7/2/2013 at 08:30 AM. The defendants report that despite a request for a settlement demand from the plaintiff, 6 weeks have passed with no response. Plaintiff is directed to make a written demand not later than the close-of-business on 7/1/2013. Defendant is directed to respond to the demand immediately. That response must contain a reasonable number, not simply a rejection on the ground that the demand is deemed excessive. The parties informed me that Judge St. Eve sent the case here for an expedited settlement conference. Yet, when I attempted to set a date and offered to do so at 7:00 a.m. any morning, all of the parties balked and actually asked that the conference be put over until late August. Delaying this conference will simply result in the needless expenditure of attorneys' fees and make settlement more difficult. This seems like a remarkably simply case that can be settled quickly. The plaintiff's claim for emotional distress will likely result in a waiver of the psychotherapist/patient privilege. See Flowers v. Owens, 274 F.R.D. 218 (N.D.Ill. 2011). An early settlement of the case will eliminate what could be a costly and fractious aspect of discovery. The joint oral motion to set the settlement conference in mid to late August is denied.Settlement Conference is set for 7/18/2013 at 07:00 AM in Courtroom 1003. In support of their settlement demands, each party must submit evidence of at least three settlements or verdicts in comparable cases. By 7/3/2013, plaintiff shall submit a written settlement demand to defendant, which provides a comprehensive assessment of the facts and applicable legal principles. By 7/10/2013, defendant will respond in kind with its offer and a comprehensive assessment of the facts and the applicable law. The demand and offer must reflect a good-faith assessment of the merits of the case, the risk inherent in the litigation, and the expense and delay (including dispositive motions, expert discovery, pretrial preparation, trial, post-trial motions, and appeal) of pursuing the cause rather than resolving it. All parties are directed to refer to and must review my "Instructions and Procedures for Settlement Conferences," available at "www.ilnd.uscourts.gov" and to comply with its directives before appearing at the settlement conference. Parties with FULL AUTHORITY to settle must be personally present at the conference. A member of either parties in-house legal department shall not qualify as a person with full authority. Participation by telephone will not be permitted. As provided in the instructions, plaintiff's counsel shall deliver copies of the required settlement letters to the courtroom deputy in Room 1010 from both plaintiff and defendant by no later than (4) business days before the conference. All settlement documents must have protruding tabs separating exhibits or attachments, pursuant to Local Rule 5.2(e). Non-compliance with the 4-day Rule makes it difficult and often impossible for the conference to proceed effectively. Failure to comply with the 4-day Rule may necessitate cancellation of the conference. Parties cannot unilaterally agree to cancel a scheduled settlement conference. Permission not to proceed must be obtained from the court pursuant to written motion, and any party wishing to vary any of the procedures set forth in the standing order must make an appropriate request by written motion prior to the exchange of settlement letters described above. A settlement demand that is equal to what the plaintiff thinks is recoverable at trial is not a good faith settlement demand, and a defendants response must contain a counter offer, unless of course, the defendant does not intend to pay any amount, which is his/her right. FAILURE OF THE PARTIES TO COMPLY WITH ANY OF THE REQUIREMENTS OF THIS ORDER, MAY NECESSITATE IN THE SETTLEMENT CONFERENCE BEING STRICKEN, AND THE PARTIES RESUBMITTING SETTLEMENT POSITION LETTERS. IT MAY ALSO RESULT IN A SUBSTANTIAL MONETARY SANCTION WITH THE NON-COMPLIANT PARTY BEING RESPONSIBLE FOR ANY FEES AND COSTS INCURRED BY THE COMPLIANT PARTY. Mailed notice (jms, ) (Entered: 06/27/2013)" @default.
- ilnd;;1:13-cv-02136_de35 AdministrativeID "33" @default.
- ilnd;;1:13-cv-02136_de35 OntologyLabel minute_entry @default.