Phillips and Jordan, Inc. v. AM Dirtworks and Construction LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Phillips and Jordan, Inc., 	)
)
Plaintiff, 	) 	ORDER SCHEDULING SETTLEMENT
) 	CONFERENCE
vs. 	)
)
AM Dirtworks and Construction, LLC, 	) 	Case No. 1:17-cv-006
)
Defendant. 	)
______________________________________________________________________________
IT IS ORDERED:
A settlement conference will be held before the magistrate judge on January 10, 2019, at 9:00
a.m. at the U.S. Courthouse located in Bismarck, North Dakota.
The conference shall be attended by all parties, together with trial counsel (if they are
represented) for each party. An insured party need not attend unless the settlement decision will be
made in part by the insured. When the settlement decision will be made in whole or in part by an
insurer, the insurer shall send a representative. 	The persons attending shall be vested with the
necessary settlement authority. Any relief from these requirements must be obtained in advance.
Failure to produce the appropriate person(s) at the conference may result in an award of costs and
attorney fees incurred by the other parties in connection with the conference and/or other sanctions
against the noncomplying party and/or counsel.
Each party shall submit a confidential settlement statement to the Court no later than two
days prior to the final settlement conference. The settlement statement shall not become a part of the
Page 1 of 2
Case 1:17-cv-00006-PDW-CRH Document 53 Filed 11/30/18 Page 1 of 2

file of the case, but shall be for the exclusive use of the Court in preparing for and conducting the
settlement conference.
The settlement statement shall contain a specific recitation of the facts, a discussion of the
strengths and weaknesses of the case, the parties' positions on settlement, including a present
settlement proposal, and a report on settlement efforts to date. If not already part of the court file,
copies of any critical agreements, business records, photographs or other documents or exhibits shall
be attached to the settlement statement. The settlement statement should not be lengthy, but should
contain enough information to be useful to the Court in analyzing the factual and legal issues in the
case. The parties are directed to be candid in their statements.
The parties shall submit their settlement statement to the court via fax (701-530-2325), e-
mail (ndd_J-Miller@ndd.uscourts.gov), or mail (P.O. Box 670, Bismarck, North Dakota 58502-
0670) at least two (2) days prior to the settlement conference. The settlement statement shall not
be filed with the Clerk's office. Copies of the settlement statement shall not be provided to the other
parties in the case.
Counsel are directed to confer with their clients in advance of the conference to explore the
parties’ settlement positions, and the parties are encouraged to exchange settlement proposals prior
to the conference. These steps will enable the conference to progress more expeditiously.
Dated this 30th day of November, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr.
United States Magistrate Judge
Page 2 of 2
Case 1:17-cv-00006-PDW-CRH Document 53 Filed 11/30/18 Page 2 of 2