Opinion
No. 11-cv-0814 RB/SMV
12-10-2012
EVA DENISE MONTOYA and BRENDA MOFFETT, Plaintiffs, v. VILLAGE OF CUBA, MARCUS ROMERO, in his individual capacity, JASON GRIEGO, in his individual capacity, and TOMMY SALAZAR, in his individual capacity, Defendants.
ORDER SETTING SETTLEMENT CONFERENCE
THIS MATTER is before the Court on the request of the parties. To facilitate a final disposition of this case, a mandatory Settlement Conference will be conducted in accordance with Rule 16(a)(5) of the Federal Rules of Civil Procedure. The conference will be held on December 28, 2012, at 10:00 a.m. in the Pecos Courtroom of the Pete V. Domenici United States Courthouse at 333 Lomas Boulevard Northwest in Albuquerque, New Mexico.
The parties or a designated representative, other than counsel of record, with full authority to resolve the case, must attend in person. Counsel who will try the case must also attend in person. Those attending the settlement conference must treat as confidential the information discussed, positions taken, and offers made by other participants in preparation for and during the conference. See generally Hand v. Walnut Valley Sailing Club, No. 11-3228, 2012 WL 1111137 (10th Cir. Apr. 2, 2012) (unpublished) (affirming dismissal of case as sanction for violating confidentiality of settlement conference).
This does not prohibit disclosures stipulated to by the parties, necessary in proceedings to determine the existence of a binding settlement agreement, or as otherwise required by law.
No later than 12:00 p.m. noon on December 20, 2012, each party must provide the Court, in confidence, a concise position statement (typically no more than ten pages) containing an analysis of the strengths and weaknesses of its case. Position statements must be submitted to the Court by e-mail at VidmarChambers@nmcourt.fed.us.
Each e-mail message and its attachments cannot exceed 5 MB. Data exceeding 5 MB should be submitted in individual e-mail messages, each less than 5 MB.
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Furthermore, if any party has in its possession any video or audio recording of the incident upon which this action is based, that party must submit a copy of the recording to the Court no later than 12:00 p.m. noon on December 20, 2012.
The Settlement Conference will not be vacated or rescheduled except upon motion and for good cause shown. Any motion to vacate or reschedule the Settlement Conference shall provide the Court with sufficient notice to ensure that other matters may be scheduled in the time allotted for the Settlement Conference.
IT IS THEREFORE ORDERED as follows: Confidential position statements due to
the Court: Dec. 20, 2012, by noon
Settlement Conference: Dec. 28, 2012, at 10:00 a.m.
IT IS SO ORDERED.
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STEPHAN M. VIDMAR
United States Magistrate Judge