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Case 3:06-cv-01911-LAB-BLM Document 5 Filed 09/25/2006 Page 1 of 5
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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
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11 TAMARA TURKISHER, individually ) Case No. 06cv1911-LAB (BLM)
and on behalf of all others )
12 similarly situated, ) NOTICE AND ORDER SETTING EARLY
) NEUTRAL EVALUATION CONFERENCE
13 Plaintiff, )
)
14 v. )
)
15 BANC OF AMERICA INVESTMENT )
SERVICES, INC., a Florida )
16 corporation; and DOES 1 through )
100, inclusive, )
17 )
Defendants. )
18 )
)
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20 IT IS HEREBY ORDERED that an Early Neutral Evaluation (ENE) of your
21 case will be held on October 23, 2006 at 1:30 p.m. in the chambers of
22 the Honorable Barbara L. Major, United States Magistrate Judge, located
23 at 940 Front Street, Suite 5140, San Diego, California, 92101.
24 The following are mandatory guidelines for the parties preparing
25 for the Early Neutral Evaluation Conference.
26 1. Purpose of Conference: The purpose of the ENE is to permit
27 an informal discussion between the attorneys, parties, and the
28 settlement judge of every aspect of the lawsuit in an effort to achieve
06cv1911-LAB (BLM)
Dockets.Justia.com
Case 3:06-cv-01911-LAB-BLM Document 5 Filed 09/25/2006 Page 2 of 5
25 conference must be authorized to explore settlement options fully and to agree at that
time to any settlement terms acceptable to the parties. Heileman Brewing Co. v. Joseph
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Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989). The person needs to have "unfettered
27 discretion and authority" to change the settlement position of a party. Pitman v.
28 Brinker Int'l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003). The purpose of requiring
a person with unlimited settlement authority to attend the conference contemplates that
28 at 486. A limited or a sum certain of authority is not adequate. See Nick v. Morgan's
Foods, Inc., 270 F.3d 590, 595-97 (8th Cir. 2001).