Allianz Global Risks US Insurance Company v. Sky Aviation Corporation et al

UNITED STATES DISTRICT COURT
DISTRICT OF WYOMING
________________________________________________
ALLIANZ GLOBAL RISKS US INSURANCE COMPANY,
an Illinois Corporation,
Plaintiff,
v.
SKY AVIATION CORPORATION, a Wyoming corporation;
ROB CRAGOE, an individual;
FRAN DUNCAN, an individual;
TERRY DUNCAN; an individual;
CODY EASUM, an individual;
LYLE EVELO, an individual;
DELFINO JUAREZ, an individual;
ROY KENT, an individual;
LEON MILLER, an individual;
BRYON MURRAY, an individual;
VALERIE MURRAY, an individual;
MURRAYMERE FARMS, a partnership;
DAVE NORTHROP, in individual d/b/a NORTHROP FARMS; 	Case No. 22-CV-114-SWS
RICK RODRIQUEZ, an individual;
JUANITA SAPP, an individual;
MIKE SAPP, an individual;
PAT SAPP, an individual;
REXENE SAPP, an individual;
ROYAL STUKEY, an individual;
JOHN/JANE DOES 1-10;
and XYZ CORPORATIONS 1-10,
Defendants,
and
A.S., a minor,
Intervenor Defendant.
_____________________________________________________
ROB CRAGOE,
Crossclaim Plaintiff,
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v.
SKY AVIATION CORPORATION,
Crossclaim Defendant.
_____________________________________________________
TERRY DUNCAN and FRAN DUNCAN,
Crossclaim Plaintiffs and Third-Party Plaintiffs,
v.
SKY AVIATION CORPORATION,
Crossclaim Defendant,
and
ANDREW PAULSON,
Third-Party Defendant.
ORDER FOR MEDIATION
This matter having come before the Court pursuant to agreement by the parties for
a mediation, and the Court finding that the requested relief should be granted, does now
hereby ORDER:
Parties shall appear before the Honorable Stephanie A. Hambrick, United States
Magistrate Judge, at 9:00 a.m. on Wednesday, October 9, 2024, for purposes of a ZOOM
mediation. 	Each party must appear with a representative who has full authority to
settle the matter. An insured party shall appear by representative of the insurer or
insurers who is authorized to negotiate, and who has full authority to settle the matter.
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The Court believes parties should fully explore and consider settlement at the earliest
opportunity. Early consideration of settlement can prevent unnecessary litigation. 	This
allows the parties to avoid substantial cost, expenditure of time, and stress that are typically
a part of the litigation process. 	Even for those cases that cannot be resolved through
settlement, early consideration of settlement can allow the parties to better understand the
factual and legal nature of their dispute and streamline the issues to be litigated.
Consideration of settlement is a serious matter that requires thorough preparation
prior to the settlement conference. Set forth below are the procedures the Court requires the
parties to follow and the procedures the Court typically employs in conducting the
mediation.
FORMAT
1. 	MEDIATION STATEMENTS
By October 2nd, 2024, each of the parties shall submit a confidential mediation
statement to the court (not filed) (wyojudgesah@wyd.uscourts.gov), for the use of the
Court in conducting the mediation, no more than ten (10) pages, double spaced and not
smaller than 12-point font, containing the following information, if applicable:
1) 	A concise and complete summary of the facts and the legal issues specifically
those related to issues regarding liability and/or damages by or against any
party. 	This answers the question as to whether any claimants still have a
dispute as to another claimant’s claim for damages or if the Defendants are
still denying liability.
2) 	The factual and legal positions asserted by the party, and how specific facts
and legal theories support those positions.
3) 	The parties’ positions regarding damages, specifically positions of the
different categories of claimed damages.
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4) 	Whether any party believes that a settlement beyond the $250,000 insurance
proceeds is possible or should be discussed.
5) 	A statement regarding the nature of the discussions with your client regarding
settlement 	formats, 	structured 	settlements, 	and 	Rule 	68 	offers 	to
compromise, including an evaluation of the party’s proposal for an equitable
distribution of the insurance proceeds and why the distribution is equitable.
6) 	A statement regarding the nature of any prior settlement negotiations.
7) 	A statement indicating the number and names of the participants expected to
participate in the settlement conference.
2. 	ATTENDANCE OF REQUIRED PARTIES
Parties 	with 	settlement 	authority 	are 	required 	to 	personally 	attend 	the
mediation. An insured party shall appear by representative of the insurer who is authorized
to negotiate, and who has authority to settle the matter. 	The party or a designated
representative shall have authority up to the limits of the opposing parties’ existing
settlement demand. 	Each party shall appear by a representative who is authorized to
negotiate, and who has authority to settle the matter. 	Having a client with authority
available by telephone is not an acceptable alternative. 	Because the Court generally sets
aside a full day, it is impossible for a party who is not present to appreciate the process and
the reasons that may justify a change in one’s perspective towards settlement.
3. MEDIATION FORMAT
The Court will generally use a mediation format; that is, a joint session with
opening presentations by the Court and each side followed by private caucusing by the
Court with each side. The Court expects both the lawyers and the party representatives
to be fully prepared to participate. 	The Court encourages all parties to keep an open
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mind, to reassess their previous positions, and to discover creative ways for resolving
the dispute.
4. STATEMENTS INADMISSIBLE
The Court expects the parties to address each other with courtesy and respect.
Parties are encouraged to be frank and open in their discussions. 	As a result, statements
made by any party during the mediation are not to be used in discovery and will not be
admissible at trial.
5. 	ISSUES TO BE DISCUSSED
Parties should be prepared to discuss the list at the mediation. This list is not
exhaustive of all that may be covered at the settlement conference, nor will all be applicable
to the settlement of this specific case:
i. 	What problems would you like to address in the mediation?
What do you understand are the opposing side’s goals?
ii. 	What issues (in and outside of the lawsuit) need to be resolved?
What are the strengths and weaknesses of your case?
iii. 	Do you understand the opposing’s side’s view of the case? What
is 	wrong 	with 	their 	perception? 	What 	is 	right 	with 	their
perception?
iv. 	What are the points of agreement and disagreement between the
parties? Factual? Legal?
v. 	What are the impediments to settlement? Financial? Emotional?
Legal?
vi. 	Does 	settlement 	or 	further 	litigation 	better 	enable 	you 	to
accomplish your goals?
vii. 	Are there possibilities for a creative resolution of the dispute?
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viii. 	Do you have adequate information to discuss settlement? If not,
how will you obtain sufficient information to make a meaningful
settlement discussion possible?
ix. 	Are there outstanding lien holders or third parties who should be
invited to participate in the settlement conference?
Dated this 16th day of September 2024.
STEPHANIE A. HAMBRICK
U.S. MAGISTRATE JUDGE
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