CHOW et al v. DAVIS et al

1
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ACQUELYN CHOW and SENTRY
INSURANCE COMPANY, as
Subrogee of Southeastern Food
Merchandisers, LP,
Plaintiffs,
v. 	Case No. 3:25-cv-27-TKW-ZCB
BRYAN WAYNE DAVIS and M.
LOFTON & SON TRUCKING, LLC,
Defendants.
________________________________/
ORDER SETTING SETTLEMENT CONFERENCE
A settlement conference is scheduled in this matter for August 25, 2026, at
8:30 a.m. (CDT) in either Courtroom 3 South (3rd Floor) or Courtroom 4 South (4th
Floor), One North Palafox Street, Pensacola, Florida 32502. 	The conference will
conclude no later than the close of business on August 25, 2026. Parties and counsel
must attend the conference in person. Any exception to the in-person requirement
must be by order of the court.1
1 In order for the settlement conference to be productive, it is paramount that Plaintiff
Chow appear in-person on August 25, 2026. Upon the filing of a motion, the Court
may 	permit 	any 	corporate 	representatives 	and 	Defendant 	Davis 	to 	appear
telephonically. If telephonic appearances are granted, counsel must still appear in-
person.
Case 3:25-cv-00027-TKW-ZCB Document 58 Filed 07/20/26 Page 1 of 5

2
Settlement 	conferences 	are 	often 	unproductive 	unless 	the 	parties 	have
exchanged demands and offers before the conference and made a serious effort to
settle the case on their own. Therefore, before arriving at the settlement conference,
the parties shall negotiate and make a good-faith effort to settle the case without the
involvement of the court. Any settlement will be immediately communicated to the
court by filing a joint notice of settlement.
Additionally, on or before August 18, 2026, each party must provide a
settlement statement marked “confidential” to the office of the Magistrate Judge via
hand-delivery, mail, or e-mail (Carey_King@flnd.uscourts.gov). The statement will
not be filed with the clerk or served on or disclosed to opposing counsel, as it will
not become a part of the file of this case and will be for the exclusive use of the
Magistrate Judge in preparing for and conducting the conference. 	The statement
must contain: (1) a brief description of the remaining claims and applicable law and
defenses; (2) a concise recitation of the facts and evidence the party expects to
present at trial, including evidence that supports any claim for damages; (3) a brief
description of the relief that may be afforded to the prevailing party at trial (e.g., the
nature and extent of damages, entitlement to attorney fees); (4) an estimate of
attorney fees and costs of litigation to date and through trial; (5) an outline of
settlement negotiations to date, including the most recent proposals and counter
proposals; and (6) a statement regarding whether any settlement terms are believed
Case 3:25-cv-00027-TKW-ZCB Document 58 Filed 07/20/26 Page 2 of 5

3
to be “nonnegotiable” and, if so, a description of those terms. The statement should
not be lengthy, but it should contain enough information to be useful to the
undersigned in analyzing the factual and legal issues in the case. 	To facilitate the
possibility of settlement at the conference, the parties should attach to the
statement any evidence relevant to the parties’ assessment of damages in this
case, including but not limited to all relevant medical records.
No later than three (3) days before the conference, counsel shall also
submit via email, and in Word format, a joint settlement agreement which contains
all terms agreed to by the parties, such as mutual releases, dismissal with prejudice,
and confidentiality; and leaving blank any disputed terms, such as the settlement
amount.
The settlement conference may begin with each party making a brief
statement of their case to the court, in the presence of the opposing party. 	Please
remember that the purpose of this presentation is to persuade the other side, rather
than to persuade the court, and this exercise should certainly not be used to impress
your client. 	You will have ten minutes per side to present the summation. 	The
parties 	may 	agree 	to 	waive 	the 	statement, 	and 	the 	undersigned 	may, 	after
consultation with the parties, dispense with it.
Because the undersigned has a number of years’ experience as a trial lawyer
and judge, the court may offer an opinion on the respective strengths of the parties’
Case 3:25-cv-00027-TKW-ZCB Document 58 Filed 07/20/26 Page 3 of 5

4
positions and may even recommend a settlement. None of the court’s opinions, nor
any recommendations, will be made known to the trial judge, and of course a
recommendation is intended as only that. 	In all likelihood, the parties will be
separated for individual, private discussion with the court.
Although the purpose of the settlement conference is to facilitate settlement
of this case, it will be conducted in such a manner as not to prejudice any party in
the event settlement is not reached. 	To that end, all matters communicated to the
Magistrate Judge in confidence before or during the conference will be kept
confidential and will not be disclosed to any other party or to the judge presiding
over the case. To make the best use of the time allotted, counsel should consider,
and where appropriate discuss with his or her client, the following matters that may
arise during the separate caucuses: (1) the Magistrate Judge may address the client
personally; 	(2) 	the 	Magistrate 	Judge 	may 	ask 	the 	parties 	to 	assess 	the
weaknesses/strengths of the claims and defenses; (3) the Magistrate Judge may
inquire as to whether issues other than simple payment of money or entry of a court
order are at play in the particular case; and (4) the Magistrate Judge may ask counsel
to discuss whether attorneys’ fees or other expenses are affecting settlement and, if
so, whether this has been communicated to the opposing party. In appropriate cases,
the Magistrate Judge may also bring up questions, both factual and legal, that would
appear likely to arise at trial.
Case 3:25-cv-00027-TKW-ZCB Document 58 Filed 07/20/26 Page 4 of 5

5
The conference will end when settlement is reached or when the Magistrate
Judge concludes that further negotiation is unlikely to result in settlement. 	If
settlement is reached, the court will, upon request, activate a recording device, or
obtain a court reporter so that the parties may place the terms of their settlement on
the record and recommend dismissal of this action.
DONE AND ORDERED this 20th day of July, 2026.
/s/ Charles J. Kahn, Jr.
CHARLES J. KAHN, JR.
UNITED STATES MAGISTRATE JUDGE
Case 3:25-cv-00027-TKW-ZCB Document 58 Filed 07/20/26 Page 5 of 5