Ortiz v. Nationwide Mutual Insurance Company

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANA ORTIZ, personally and on
behalf of N.R.,
Plaintiff,
v. 	No. 1:25-cv-1237-SCY-KRS
NATIONWIDE MUTUAL INSURANCE
COMPANY; JOSE LEOBARDO; and
DYAN HOLLABAUGH,
Defendants.
ORDER SETTING SETTLEMENT CONFERENCE
AND STATUS CONFERENCE
To facilitate a final disposition of this case, the Court will conduct a mandatory settlement
conference in accordance with D.N.M. LR-Civ. 16.2. IT IS THEREFORE ORDERED that:
All parties and their lead trial counsel shall appear for a settlement conference on August 18,
2026 at 9:00 a.m. via Zoom. The Court will send out invitations for the Zoom proceedings by email
to all counsel of record and any pro se parties approximately one week before the settlement
conference. The parties shall also appear for a telephonic status conference on July 16, 2026 at 9:00
a.m. to confirm their readiness to participate in the settlement conference. The parties are directed to
call the Court’s WebEx teleconference line at (855) 244-8681, and enter Meeting Number 2300 989
9447# to join the status conference proceedings.
At 	the 	settlement 	conference, 	an 	insured 	party, 	an 	uninsured 	corporate 	party, 	or 	a
governmental entity shall appear by a representative with full and final authority to discuss and enter
into a binding settlement (this requirement cannot be satisfied by hiring a local representative if the
appropriate representative resides in another state). See D.N.M. LR-Civ. 16.2(c). A party’s personal
presence increases the efficiency and effectiveness of the process by reducing the time for
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communication of offers and expanding the ability to explore options for settlement. A party’s request
to be excused must be made in writing seven (7) calendar days before the conference. See D.N.M.
LR-Civ. 16.2(d).
Experience teaches that 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. Accordingly, on or before July 27, 2026, Plaintiff’s counsel shall serve on defense counsel
a letter that sets forth at least the following information: (a) a brief summary of the evidence and legal
principles that Plaintiff asserts will establish liability; (b) a brief explanation of why damages or other
relief appropriately would be granted at trial; (c) an itemization of any claimed damages, including
any special damages—i.e., damages for pecuniary losses, such as past medical expenses, lost wages,
or property damages—that states the exact dollar amount Plaintiff is claiming for each category; and
(d) a settlement demand.
On or before August 3, 2026, defense counsel shall serve on Plaintiff’s counsel a letter that
sets forth at least the following information: (a) any points in Plaintiff’s letter with which the defense
agrees; (b) any points in Plaintiff’s letter with which the defense disagrees, with references to
supporting evidence and legal principles; and (c) a settlement offer. Defendant shall also include any
proposed form of release or settlement agreement with Defendant’s letter to opposing counsel.
If Defendant disagrees with the amount of special damages Plaintiff has claimed, Defendant’s
counteroffer must state the dollar amount Defendant believes to be correct for each category rather
than expressing general disagreement and dissatisfaction. For example, if Plaintiff claims $1,000 in
past medical expenses, and Defendant believes the correct amount of past medical expenses is $500,
Defendant’s letter must clearly state that Plaintiff’s past medical expenses amount to $500. If a dispute
about special damages exists, counsel shall: (1) meet in person or telephonically before the settlement
conference to try to resolve the dispute (an exchange of emails or correspondence is insufficient); and
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(2) if the dispute cannot be resolved, counsel must bring all documentation supporting their respective
positions on special damages to the conference.
Each of these letters typically should be five (5) or fewer pages, and counsel must ensure that
each settlement conference participant reads the opposing party’s letter before the settlement
conference. If settlement authority for Defendant is provided by a committee, Defendant must ensure
that the committee reviews Plaintiff’s letter before finalizing settlement authority. Those attending
the settlement conference and reviewing the letters exchanged must treat as confidential the
information discussed, positions taken, and offers made by other participants in preparation for and
during the conference.
On or before August 10, 2026, each party must provide the Court a concise, confidential
letter, and Plaintiff’s counsel shall provide the Court copies of the letters exchanged between
the parties. The parties’ confidential letters to the Court shall typically be no more than seven (7)
pages, and shall contain a brief summary of the facts; analysis of the applicable law, including
evidentiary issues; strengths of the case; weaknesses of the case; status of discovery; identification of
any pending motions; an outline or itemization of damages or relief requested; status of settlement
negotiations to date; and the names of the individuals who will be attending the conference and in
what capacity. Plaintiff’s letter must include a discussion of the evidence supporting each of
Plaintiff’s causes of action, applied to the elements of each cause of action which Plaintiff is
asserting. If Defendant has raised affirmative defenses, Defendant’s letter must include the
elements of those defenses and a discussion of the evidence supporting each affirmative defense.
These confidential letters must not be a mere restatement of the letter served on opposing counsel.
All matters communicated to the Court in the confidential letter will be kept confidential, and will
not be disclosed to any other party or to the trial judge unless authorization to disclose is obtained
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from the party in question. Once the Court reads the letters provided, it may speak with counsel ex-
parte if the Court needs additional information to assist in facilitating settlement.
Further, if any party has video or audio recording(s) of the incident upon which this action is
based, that party must send the Court a copy of the recording(s) no later than August 10, 2026. The
parties 	shall 	submit 	their 	letters 	and 	other 	materials 	to 	the 	Court, 	preferably 	by 	e-mail,
(sweazeaproposedtext@nmd.uscourts.gov), or, alternatively, by facsimile (575) 528-1695, or by mail,
as long as the materials arrive by the above deadline. It is not necessary to send an original if a
document is sent by e-mail or facsimile.
At the settlement conference, all of the settlement conference participants will first meet
together to discuss procedures for the settlement conference. Counsel will not be required or permitted
to give opening statements during the initial meeting with the Court and the other settlement
conference participants. Upon the conclusion of the initial meeting, separate, confidential caucuses
will be held by the Court with each side and its representative. Counsel and parties should be prepared
to discuss the factual and legal details of their cases. Attached is an outline for counsel to review with
their clients before the settlement conference to make the best use of the time allotted.
IN SUMMARY:
Telephonic status conference: 	July 16, 2026 at 9:00 a.m.
Plaintiff’s letter due to Defendant: 	July 27, 2026
Defendant’s letter due to Plaintiff: 	August 3, 2026
Confidential position papers (and any audio/video recordings)
due to the Court: 	August 10, 2026
Zoom Settlement Conference: 	August 18, 2026, at 9:00 a.m.
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SO ORDERED this 29th day of January, 2026.
___________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
See Attachment (beginning on next page)
(SETTLEMENT CONFERENCE PREPARATION)
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SETTLEMENT CONFERENCE PREPARATION
Experience shows that in negotiations the party who is best prepared usually obtains the best result.
Settlement conferences can be more efficient and productive if all parties and counsel are prepared.
The following are some areas to consider to aid in the effectiveness of this settlement conference.
A. 	FORMAT
1. 	Parties with ultimate settlement authority must be personally present.
2. 	The Court will privately caucus with each side in a typical mediation format. 	The
judge may address your client directly.
3. 	Although the Court will typically meet with both sides in the courtroom together to go
over ground rules at the beginning of the conference, there will be no opening
statements or other discussions of the merits of any party’s claims or defenses
during that initial meeting.
B. 	ISSUES
1. 	What issues (in and outside of this lawsuit) need to be resolved? What are the strengths
and weakness of each issue? What is your most persuasive argument?
2. 	What remedies are available resulting from this litigation or otherwise?
3. 	Is there any ancillary litigation pending/planned that affects the value of the case?
4. 	Do you have enough information to value the case? If not, how are you going to get
more information before the conference?
5. 	Do attorney’s fees or other expenses affect settlement? Have you communicated any
lack of information to the opposing side?
C. 	AUTHORITY
1. 	Are there outstanding liens? Have you verified amounts and whether they are
negotiable? Do you need to include a representative of the lien holder? If so, contact
the Court immediately.
2. 	Is there valid insurance coverage? In what amount? If coverage is at issue, or the
amount/type affects the settlement value, have you notified the other side? Do you
need to include a representative from more than one insurance company/carrier? If so,
notify the Court immediately.
D. 	NEGOTIATIONS
1. 	Where have your last discussions ended?
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2. 	Can you have any discussions before the settlement conference to make it proceed
more efficiently?
3. 	With what value do you want to end? Why? Have you discussed this valuation with
your client? Is it significantly different from values you have placed on this case at
other times?
4. 	Is there confidential information that affects case value? Why should it not be
disclosed? How can the other side be persuaded to change values if that party doesn’t
have this information?
5. 	What happens if you don’t settle the case at the conference? What is your best
alternative to a negotiated settlement? Why?
E. 	CLOSING
1. 	If settlement is reached, do you want it on the record?
2. 	Have you discussed settlement formats with your client? Does the client understand
structured settlements, annuities, and Rule 68 offers to compromise?
3. 	How soon could checks/closing documents be received?
4. 	If settlement is not reached, and further discovery is needed, what is your plan for
continued settlement discussions? Do you want Court involvement in these talks?
5. 	If settlement is not reached, please be prepared to discuss settlement again at the Final
Pretrial Conference.
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