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- ilnd;;1:08-cv-04398_de330 RegisterActionDate "2013-02-15" @default.
- ilnd;;1:08-cv-04398_de330 RegisterActionDescriptionText "MINUTE entry before Honorable Edmond E. Chang: On Defendants' Rule 50 motion 321 and Rule 59 or remittitur motion 323 , Plaintiffs' response is due on or before 03/22/13. Defendants' replies are due 04/05/13. But the motions only confirm that right now is the best remaining opportunity to try to settle the case. The factual obstacle facing Defendants is that a jury could reasonably rely on the photos of the residence in the aftermath of the entry, and conclude that there was an extensive and intrusive search well beyond a search for Corvell Hodges. That puts the lie to at least one aspect (an important one) of Defendants' version of events. To be sure, the discrediting of the quick-search version of events does not necessarily mean that the jury's verdict or its damages finding must remain intact in whole or in part. And that is why the parties must seriously entertain settlement. As previously noted, there will be continued delay and continued expense in litigating post-trial motions and, possibly, an appeal---during that time, Plaintiffs probably will collect nothing. Meanwhile, Defendants' own attorney's fees expenditures go up, as does Defendants' exposure to Plaintiffs' attorney's fees. Now is the time to negotiate. It also appeared, at least during the heat of trial, that there may be non-merits-based conflicts that are preventing sober evaluation of the case. Counsel for both sides shall show this order to their respective clients. Plaintiffs shall make a written settlement demand on Defendants on or before 03/01/13. Defendants shall make a written settlement offer on or before 03/08/13. Almost surely the demand-and-offer exchange will not bridge the gap, but if there is sufficient momentum, then the Court will consider suspending the briefing schedule (if the parties want) and referring the case to the magistrate judge for a settlement conference. Status hearing is set for 03/15/13 at 8:30 a.m. to discuss the prospects of settlement.Mailed notice (slb, ) (Entered: 02/15/2013)" @default.
- ilnd;;1:08-cv-04398_de330 AdministrativeID "330" @default.
- ilnd;;1:08-cv-04398_de330 hasReferenceToOtherEntry ilnd;;1:08-cv-04398_de321 @default.
- ilnd;;1:08-cv-04398_de330 hasReferenceToOtherEntry ilnd;;1:08-cv-04398_de323 @default.