Opinion
No. 11-cv-0814 RB/SMV
01-03-2013
ORDER SETTING FOLLOW-UP SETTLEMENT CONFERENCE
THIS MATTER is before the Court on the initial settlement conference held on December 28, 2012. Clerk's Minutes for Settlement Conference [Doc. 88]. The parties have informed the Court that they agree to a date for a follow-up settlement conference. The follow-up conference will be held on February 22, 2013, at 11:00 a.m. in the Pecos Courtroom, third floor, 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 See generally Hand v. Walnut Valley Sailing Club, No. 11-3228, 2012 WL 1111137 (10th Cir. Apr. 2, 2012) (unpublished) (affirming dismissal of case as sanction for violating confidentiality of settlement conference).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 5:00 p.m. on February 20, 2013, each party must provide the Court, in confidence, a brief letter supplementing its position statement from the initial settlement conference and advising the Court of the status of settlement negotiations, if any. Supplemental position statements must be submitted to the Court by e-mail at VidmarChambers@nmcourt.fed.us.
Each email message and its attachments cannot exceed 5 MB. Data exceeding 5 MB should be submitted in individual email messages, each less than 5 MB.
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The follow-up settlement conference will not be vacated or rescheduled except upon motion and for good cause shown. Any motion to vacate or reschedule the follow-up settlement conference shall provide the Court with sufficient notice to ensure that other matters may be scheduled in the time allotted for the follow-up settlement conference.
IT IS THEREFORE ORDERED as follows: Parties' supplemental confidential position
statements due to the Court: Feb. 20, 2013, by 5:00 p.m.
Follow-up settlement conference: Feb. 22, 2013, at 11:00 a.m.
IT IS SO ORDERED.
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STEPHAN M. VIDMAR
United States Magistrate Judge