The opinion
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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
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11 INFOGATION CORPORATION, Case No.: 21-cv-00843-H-JLB
12 Plaintiff,
ORDER SETTING SETTLEMENT
13 v. CONFERENCE
14 GOOGLE LLC,
[ECF No. 107]
15 Defendant.
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18 Pursuant to the Scheduling Order issued in this case, the parties are required to
19 contact the undersigned judge no later than May 18, 2022, to arrange a date for a settlement
20 conference pursuant to Patent Local Rule 2.1(c). (ECF No. 107 ¶ 13.) In lieu of that
21 requirement, the Court hereby ORDERS as follows:
22 1. A settlement conference shall be conducted on May 25, 2022, at 1:45 PM, in
23 the chambers of the Magistrate Judge Jill L. Burkhardt, Edward J. Schwartz U.S.
24 Courthouse, 221 West Broadway, Suite 5140, San Diego, California 92101. No later than
25 May 16, 2022, counsel shall lodge confidential settlement conference statements with
26 Judge Burkhardt’s chambers via e-mail at efile_Burkhardt@casd.uscourts.gov. The
27 parties’ settlement conference statements shall comply with § III.C. of Judge Burkhardt’s
28 Civil Chambers Rules.
1 Pursuant to Local Civil Rule 16.3 and Patent Local Rule 2.1(c), all party
2 representatives and claims adjusters for insured defendants with full and unlimited
3 authority1 to negotiate and enter into a binding settlement, as well as the principal
4 attorney(s) responsible for the litigation, must be present and legally and factually prepared
5 to discuss and resolve the case at the settlement conference. In the case of an entity, an
6 authorized representative of the entity who is not retained outside counsel must be present
7 and must have discretionary authority to commit the entity to pay an amount up to the
8 amount of the Plaintiff’s prayer (excluding punitive damages prayers). The purpose of this
9 requirement is to have representatives present who can settle the case during the course of
10 the conference without consulting a superior.
11 2. No later than twenty-one (21) days before the settlement conference, the
12 parties shall exchange formal settlement proposals, as required by § III.A. of Judge
13 Burkhardt’s Civil Chambers Rules. No later than fourteen (14) days before the
14 settlement conference, the parties shall meet and confer in person or telephonically, as
15 required by § III.B. of Judge Burkhardt’s Civil Chambers Rules.
16 3. Pursuant to Patent Local Rule 2.1(c)(4), no later than fourteen (14) days
17 before the settlement conference, each party shall designate in writing to all other parties,
18 the person(s) and their title(s) or position(s) with the party who will attend and have
19 settlement authority at the conference.
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22 1 “Full authority to settle” means that the individuals at the settlement conference must
23 be authorized to fully explore settlement options and to agree at that time to any settlement
terms acceptable to the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d
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648 (7th Cir. 1989); see also Patent L.R. 2.1(c)(3). The person needs to have “unfettered
25 discretion and authority” to change the settlement position of a party. Pitman v. Brinker
Int’l., Inc., 216 F.R.D. 481, 485–86 (D. Ariz. 2003). The purpose of requiring a person
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with unlimited settlement authority to attend the conference includes that the person’s view
27 of the case may be altered during the face to face conference. Id. at 486. A limited or a
sum certain of authority is not adequate. Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 595–
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1 4. Failure to attend the settlement conference or obtain proper excuse will
2 considered grounds for sanctions.
3 IT IS SO ORDERED.
4 || Dated: March 25, 2022
U Burtherdtr
6 n. Jill L. Burkhardt
7 ited States Magistrate Judge
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