Typhoon Advertising v. Knowles et al

1
United States District Court
For The District of Wyoming
TYPHOON ADVERTISING,
a Wyoming corporation,
Plaintiff,
v.
MICHAEL KNOWLES, SARAH
TREVINO, NAIKA MALVEAUX, TIM
RUNGE, and JOHN and JANE DOES 4-
10,
Defendants.
Case No. 2:21-CV-00194-KHR
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, September 25, 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.
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
Case 2:21-cv-00194-KHR Document 131 Filed 09/09/24 Page 1 of 4

2
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 September 18, 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 less than 12-
point font, containing the following information:
1) 	a complete, but concise summary of the general facts and the legal issues;
2) 	a statement explaining the factual and legal positions asserted by the party,
together with an explanation how the specific facts and legal theories support
the positions taken;
3) 	if applicable, a statement explaining the party's position regarding damages,
including specification of the different categories of claimed damages;
4) 	forthright and candid statements as to those specific facts and legal issues which
are viewed by the party itself to be so weak that the opposing party may prevail;
5) 	a 	statement 	explaining 	the 	nature 	of 	discussions 	made 	with 	your 	client
explaining settlement formats, structured settlements, and Rule 68 offers to
compromise;
6) 	a statement explaining the nature of any prior settlement negotiations; and
7) 	a statement indicating the number and names of the participants expected to
participate in the settlement conference.
Case 2:21-cv-00194-KHR Document 131 Filed 09/09/24 Page 2 of 4

3
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 mind in order to
reassess their previous positions and to discover creative means 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 following at the mediation. This list is not
Case 2:21-cv-00194-KHR Document 131 Filed 09/09/24 Page 3 of 4

4
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?
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 10th day of September 2024.
STEPHANIE A. HAMBRICK
U.S. MAGISTRATE JUDGE
Case 2:21-cv-00194-KHR Document 131 Filed 09/09/24 Page 4 of 4