United States District Court, D. North Dakota
ORDER SCHEDULING SETTLEMENT CONFERENCE
Charles S. Miller, Jr. United States Magistrate Judge
settlement conference will be held before the magistrate
judge on February 2, 2017, at 9:00 a.m. at the U.S.
Courthouse located in Bismarck, North Dakota (courtroom #2).
conference shall be attended by all parties, together with
trial counsel (if they are represented) for each party. An
insured party need not attend unless the settlement decision
will be made in part by the insured. When the settlement
decision will be made in whole or in part by an insurer, the
insurer shall send a representative. The persons attending
shall be vested with the necessary settlement authority. Any
relief from these requirements must be obtained in advance.
Failure to produce the appropriate person(s) at the
conference may result in an award of costs and attorney fees
incurred by the other parties in connection with the
conference and/or other sanctions against the noncomplying
party and/or counsel.
party shall submit a confidential settlement statement to the
Court no later than two days prior to the final settlement
conference. The settlement statement shall not become a part
of the file of the case, but shall be for the exclusive use
of the Court in preparing for and conducting the settlement
settlement statement shall contain a specific recitation of
the facts, a discussion of the strengths and weaknesses of
the case, the parties' positions on settlement, including
a present settlement proposal, and a report on settlement
efforts to date. If not already part of the court file,
copies of any critical agreements, business records,
photographs or other documents or exhibits shall be attached
to the settlement statement. The settlement statement should
not be lengthy, but should contain enough information to be
useful to the Court in analyzing the factual and legal issues
in the case. The parties are directed to be candid in their
parties shall submit their settlement statement to the court
via fax (701-530-2325), email
(nddJ-Miller@ndd.uscourts.gov), or mail (P.O. Box
670, Bismarck, North Dakota 58502-0670) at least two (2) days
prior to the settlement conference. The settlement statement
shall not be filed with the Clerk's office. Copies of the
settlement statement shall not be provided to the other
parties in the case.
are directed to confer with their clients in advance of the
conference to explore the parties' settlement positions,
and the parties are encouraged to exchange settlement
proposals prior to the conference. ...