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Federal Bar Update: Client representative at settlement conferences

John Maley
September 29, 2010
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In the Southern District of Indiana, settlement conferences are routinely held in most civil cases before the assigned magistrate judge. These conferences are authorized pursuant to Fed. R. Civ. P. 16 and S.D. Ind. Local Rule 16.1(c). Each magistrate judge issues a standard order (with some modest variations) setting the settlement conference, and which requires the presence of a client representative, or if an insurer is named or contractually required to defend or indemnify, the presence of a fully authorized representative of the insurer. Further, Local Rule 16.1(c) requires counsel to confer prior to all court conferences to prepare for the conference.

In Auto-Owners Ins. Co. v. Yamaha Motor Corp., No. 2:09-CV-191 (Aug. 25, 2010), these issues came into play when plaintiff and its representative appeared for a scheduled settlement conference, but defense counsel appeared without a client representative and without advance notice of no representative attending. Defense counsel did not attempt to notify plaintiff counsel until the morning of the conference that no defense representative would attend with him, and by that time both plaintiff counsel were en route to the settlement conference.

The matter was not settled at the conference, but the parties did settle the matter within several weeks thereafter. Plaintiff’s counsel moved for sanctions for travel costs of $200.20 and for the client representative’s time spent at the conference of $800.

Magistrate Judge Hussmann granted in part the motion and sanctioned defendant Yamaha $200.20 to compensate plaintiff’s client representative for travel costs incurred in attending a settlement conference with plaintiff’s counsel. Judge Hussmann denied the $800 for time spent at the conference, reasoning that “the case was ultimately resolved shortly after the settlement conference” such that the representative’s “time was not wasted.”

Judge Hussmann concluded his for-publication order, writing: “The practice of attending settlement conferences without an appropriate client is explicitly discouraged from this point forward. If a particularly difficult logistical problem arises with the client’s attendance, counsel must, pursuant to Local Rule 16.1, seek permission from opposing counsel. If opposing counsel does not agree, a motion seeking permission should be filed sufficiently in advance of the conference to allow opposing counsel to file an objection.”

Mark your calendars – The annual Federal Civil Practice Update seminar will be Dec. 17 from 1:30 to 4:45 p.m. Registration information will be available in October at www.theindianalawyer.com.•

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John Maley (jmaley@btlaw.com) is a partner with Barnes & Thornburg, concentrating on federal and state litigation. The opinions expressed in this column are those of the author.

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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