United States District Court, M.D. Tennessee, Nashville Division
Pearson Education, Inc. et al Plaintiffs,
C&N Logistics, Inc. et al Defendant
SETTLEMENT CONFERENCE ORDER
BROWN, UNITED STATES MAGISTRATE JUDGE
settlement conference is set for, Nov. 19,
2019, at 10:10am in Courtroom 783, 801 Broadway,
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 5:00 pm and they should plan
22:00 NOON on Friday Nov. 15, 2019, Plaintiff and
Defendant shall email to the undersigned at
email@example.com, 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 statements.
a) Each statement shall contain a BRIEF
summary of the parties' respective views of the law as to
the theory of liability or defense. Excessive case
citations will not help.
(i) Plaintiff's statement shall contain an assessment
from Plaintiff's viewpoint of Plaintiff's damages and
the strengths and weaknesses of Plaintiff's position.
(ii) 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
b) Each statement shall contain an assessment of the economic
cost of proceeding to trial as well as any appeal.
c) Each statement shall recount, with specificity, the
settlement discussions between the parties to date and the
most recent demand/offer each side has made.
d) Each statement will describe any particular obstacles or
impediments to settlement.
e) Each 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.
f) Each 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,