Broad Street Energy Company v. Endeavor Ohio, LLC
Filing
30
ORDER Resetting Settlement Conference for 11/22/2013 01:00 PM in Chambers before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 10/23/2013. (cw)
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
BROAD STREET ENERGY CO.,
Plaintiff,
v.
ENDEAVOR OHIO, LLC,
Defendant.
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Case No. 2:12-CV-711
JUDGE ALGENON L. MARBLEY
Magistrate Judge Deavers
ORDER RESETTING SETTLEMENT CONFERENCE
This matter came before the Court by way of a Telephonic Status Conference before the
Court. The parties requested a continuance of the Settlement Conference currently scheduled for
November 26,2 013. Upon agreement of the parties, the Court reschedules the Settlement
Conference in this case for Friday, November 22, 2014 at 1:00 p.m.
Settlement Conference
This case is set for a settlement conference on Friday, November 22, 2013 at 1:00 p.m.,
under Fed. R. Civ. P. 16(a)(5) and 16(c)(2)(I), before The Honorable Algenon L. Marbley,
United States District Court, 85 Marconi Boulevard, Room 319, Columbus, Ohio 43215.
Counsel and the parties shall adhere to the following with respect to the settlement
conference:
(1)
The trial attorney for each party must attend the conference.
(2)
The parties or principals with full settlement authority shall be present. 28
U.S.C. § 473 (b)(5); Fed. R. Civ. P. 16(c)(2)(I). Upon written motion and for good cause shown,
the parties or principals with settlement authority may satisfy the presence requirement by being
available by telephone. Such motion must be made at least one (1) week in advance of the
settlement conference. Failure to appear or failure to obtain the Court’s permission to appear by
telephone shall result in sanctions against the offending party.
(3)
Lack of discovery or settlement authority will not excuse active participation in
the conference.
(4)
No later than fourteen (14) days before the conference, each plaintiff must
submit to counsel for all opposing parties a fully documented, written settlement demand; and
(5)
No later than ten(10) days before the conference, each opposing party must
respond, in writing, to each settlement demand fully documenting that party's position.
(6)
On November 15, 2013, each party shall submit directly and only to the Court's
Chambers a letter, not to exceed five pages, (a) explaining the party's theory of the case, (b)
indicating its position on settlement (in monetary terms, if applicable), and (c) setting forth all
conditions necessary to achieve settlement (including non-monetary terms).
(7)
Before the conference counsel shall discuss with their clients whether this case
would be appropriate for some other form of alternative dispute resolution. The Court
encourages the parties to consider seriously this option, which has consistently resulted in
significant savings over the cost of a full trial.
Any questions regarding the settlement conference should be addressed to the Court's
Law Clerk, Allison Stechschulte at (614) 719-3263.
This order supersedes all previous orders in this case to the extent previous orders are
inconsistent with this order.
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Parties are reminded that the use of mobile devices, including but not limited to text
messaging and emailing, during status conferences before the Court is strictly prohibited.
IT IS SO ORDERED.
s/Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: October 23, 2013
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