United States District Court, M.D. Tennessee, Nashville Division
DONALD L. CRAIG, Plaintiff,
THE HERTZ CORPORATION, Defendant.
SETTLEMENT CONFERENCE ORDER
BROWN UNITED STATES MAGISTRATE JUDGE.
settlement conference is set for 10:30 a.m., on
Wednesday, August 21, 2019, in Courtroom 783, 801
Broadway, Nashville, Tennessee.
parties are advised that unless otherwise permitted, failure
to be present with full settlement
authority could result in imposition of sanctions
pursuant to Rule 16(f) of the Federal Rules of Civil
Procedure. If the parties need authority from any other
person, that person must be available by phone, and the
Magistrate Judge must approve the absence in
advance. The representative present at the
settlement conference must be in a position to sign a binding
agreement at the conclusion of the conference, unless the
Magistrate Judge has been notified of the limitation in
advance. The parties are advised the settlement
conference may well run past dinner and they should plan
12:00 NOON on Monday, August 19,
2019, Plaintiff and Defendant shall email to
the undersigned at brownchambers@
tnmd.uscourts.gov, ex parte, separate
settlement conference statements which shall specify their
respective settlement positions. These settlement conference
statements shall not be filed with the Clerk nor served on
the other parties. In their respective statements, counsel
for Plaintiff and Defendant shall make a candid assessment of
the strengths and weaknesses of both sides of the case and
shall give a good faith opinion of each client's probable
success on the merits using a scale of 1 to 5, with 1 being
the lowest and 5 being the highest. Nothing in the way of a
jury speech shall be contained in the settlement conference
statement shall contain a summary of the parties'
respective views of the law as to the theory of liability or
Plaintiff's statement shall contain an assessment from
Plaintiff's viewpoint of Plaintiff's damages and the
strengths and weaknesses of Plaintiff's position.
Defendant's statement shall contain an assessment of the
Plaintiff's damages, Defendant's exposure to those
damages, and the respective strengths and weaknesses of
statement shall contain an assessment of the economic cost of
proceeding to trial as well as any appeal.
statement shall recount, with specificity, the settlement
discussions between the parties to date and the most recent
demand offer as each side has made.
statement will describe any particular obstacles or
impediments to settlement.
settlement conference statement also shall contain a
statement of counsel's best judgment as to the amount
which should be paid or received by his client in a
settlement of the case based on counsel's evaluation and
opinion and after a full discussion with the client.
statement shall include the maximum amount the Defendants are
willing to pay and the minimum amount the Plaintiff is
willing to accept at the present time,  and any other
terms on which the client insists.
the event offers and demands have not previously been made,
the parties shall exchange offers and demands at
least three working ...