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1 "Full authority to settle" means that the individuals at
the settlement conference be authorized to fully explore settlement
options and to agree at that time to any settlement terms
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06cv1772 H(RBB)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
DAVID SPECKMAN,
Plaintiff,
v.
PINNACLE FINANCIAL GROUP
INCORPORATED, a Minnesota
corporation; T-MOBILE USA,
INC., a Delaware corporation;
DOES 1-50, inclusive,
Defendants.
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Civil No. 06cv1772 H(RBB)
NOTICE AND ORDER FOR EARLY
NEUTRAL EVALUATION CONFERENCE
IT IS HEREBY ORDERED that an early neutral evaluation of your
case will be held on October 3, 2006, at 2:00 p.m. in the chambers
of United States Magistrate Judge Ruben B. Brooks, United States
Courthouse, 940 Front Street, Room 1185, San Diego, California.
Pursuant to Rule 16.1(c) of the Local Rules of the United
States District Court for the Southern District of California, all
parties, claims adjusters for insured Defendants and non-lawyer
representatives with full and unlimited authority1 to enter into a
Case 3:06-cv-01772-H-RBB Document 10 Filed 09/11/2006 Page 1 of 5
Speckman v. Pinnacle Financial Group, Incorporated et al
Doc. 10
Dockets.Justia.com
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acceptable to the parties. Heileman Brewing Co., Inc. v. Joseph
Oat Corp., 871 F.2d 648 (7th Cir. 1989). The person needs to have
"unfettered discretion and authority" to change the settlement
position of a party. Pitman v. Brinker Int'l, Inc., 216 F.R.D.
481, 485-86 (D. Ariz. 2003). The purpose of requiring a person
with unlimited settlement authority to attend the conference
includes that the person's view of the case may be altered during
the face-to-face conference. Pitman at 486. A limited or a sum
certain of authority is not adequate. Nick v. Morgan's Foods,
Inc., 270 F.3d 590 (8th Cir. 2001).
2
06cv1772 H(RBB)
binding