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Gregory Forester v. City of Osburne

February 10, 2011

GREGORY FORESTER, PLAINTIFF,
v.
CITY OF OSBURNE, IDAHO BY AND
THROUGH ITS CITY COUNCIL;
CITY OF OSBURNE POLICE DEPARTMENT; CITY OF OSBURNE CHIEF OF POLICE SPIKE ANGLE,
OFFICIALLY AND IN HIS INDIVIDUAL CAPACITY;
NICHOLAS ANGLE, OFFICIALLY AND IN HIS INDIVIDUAL CAPACITY; JOHN DOES AND JANE DOES, A-Z, DEFENDANTS.



The opinion of the court was delivered by: Honorable Larry M. Boyle United States Magistrate Judge

ORDER SETTING SETTLEMENT CONFERENCE

United States Magistrate Judge Ronald E. Bush, the presiding trial judge, referred this matter to United States Magistrate Judge Larry M. Boyle for settlement conference by order dated February 4, 2011. (Docket No. 38). Accordingly, IT IS HEREBY ORDERED that a settlement conference is set for 9:30 am, Tuesday, April 5, 2011, at the United States Courthouse in Coeur d'Alene, Idaho.

IT IS FURTHER ORDERED that each party and their counsel to come to the Settlement Conference prepared as follows:

1. Counsel for all parties shall confer by telephone conference call prior to the Settlement Conference to narrow and/or resolve issues with the goal of facilitating settlement.

2. Prior to the Settlement Conference, counsel for all parties shall exchange reasonable offers of settlement and be prepared to advise the Court of the offers extended and the correlating responses to each offer made.

3. At the outset of the Settlement Conference, all counsel shall be prepared to state to the opposing party and its counsel the opposing party's position to the satisfaction of the opposing party and its counsel.

4. All parties and their counsel shall come to the Settlement Conference prepared with a reasonable plan to resolve and fully settle the instant action. In sum, counsel and parties will be expected to participate in the Settlement Conference with a mind set, attitude and creative approach of being problem solvers.

5. Each party shall prepare and submit to the Court on or before Tuesday, March 29, 2011, at 5:00 p.m. (MST), a candid summation of its assessment of the strengths of its case and the strengths of the opposing party's case. The confidential summation shall be submitted in camera to Judge Boyle at 550 W Fort St, Boise, ID 83724 or via email to LMB_Orders@id.uscourts.gov. Further, the Court requests that each party set forth specific reasons why the case should settle. Except in unusual cases, the summation should not exceed ten pages. The summation should include a review of the facts, provable damages, the party's assessment of its probability of prevailing on any disputed facts, and a brief discussion of any legal authority the party contends would materially enhance its position at trial. The settlement brochure should include a history of past settlement negotiations and the reasonable and realistic settlement value, if any, the party presently places on the litigation. Failure to timely submit the summation may result in the settlement conference being vacated. (See attached questionnaire, Attachment "B," for requested information.)

6. All parties shall be personally present and must be represented by lead or chief counsel authorized to participate in settlement negotiations. In the case of businesses, corporations, governmental entities, etc., a representative for every party with full settlement authority must be personally present at the settlement conference. If any of the parties are appearing or defending the action under an insurance agreement, an insurance company representative fully authorized to settle the case must be personally present at the settlement conference.

In sum, all parties in this matter necessary to conduct an effective settlement conference shall be personally represented by someone in attendance at the settlement conference with full settlement authority.

7. Counsel shall be knowledgeable about the facts of the case and be prepared to candidly discuss the same with the settlement judge.

8. Attachment "A" is a sample outline of the usual agenda followed by the undersigned Judge.

9. All information provided to and communications with the settlement judge shall be held in confidence. All written material submitted will be returned to the submitting party upon termination of the settlement proceedings.

10. All oral statements, written documents, or other materials considered during the settlement procedure shall be held in confidence and may not be used in any ...


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