1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL MARTINEZ, et al., Case No.: 23cv837-RSH(LR)

12 Plaintiffs, ORDER GRANTING JOINT 13 v. MOTION TO CONTINUE MANDATORY SETTLEMENT 14 NATIONAL EWP, INC., et al, CONFERENCE 15 Defendants. [ECF No. 68] 16

17 18 The parties in this matter filed a “Joint Motion to Continue Mandatory Settlement 19 Conference” in which the parties ask the Court to continue the Mandatory Settlement 20 Conference currently scheduled for August 1, 2025. (See ECF No. 68.) Having 21 considered the parties’ joint motion, the Court concludes that good cause exists to 22 continue the Mandatory Settlement Conference and GRANTS the joint motion. 23 A Mandatory Settlement Conference (“MSC”) will be held by video conference on 24 August 22, 2025, at 1:00 p.m. before Magistrate Judge Lupe Rodriguez, Jr. to be hosted 25 through the Court’s ZoomGov account. All discussions at the MSC will be informal, off 26 the record, privileged, and confidential. Counsel for any non-English speaking party is 27 responsible for arranging for the appearance of an interpreter at the conference. The 28 following rules and deadlines apply: 1 1. Personal Appearance of Parties Required: All named parties, party 2 representatives, claims adjusters for insured defendants, as well as the principal 3 attorney(s) responsible for the litigation, must be present and legally and factually 4 prepared to discuss and resolve the case at the MSC. Counsel appearing without their 5 clients will be sanctioned, and the Court will terminate the conference. 6 2. Full Settlement Authority Required: A party or party representative with full 7 settlement authority1 must be present at the conference. Retained outside corporate 8 counsel shall not appear on behalf of a corporation as the party representative who has 9 the authority to negotiate and enter a settlement. A government entity may be excused 10 from this requirement so long as the government attorney who attends the MSC has (1) 11 primary responsibility for handling the case, and (2) authority to negotiate and 12 recommend settlement offers to the government official(s) having ultimate settlement 13 authority. 14 3. Confidential Settlement Statements Required: On or before 15 August 15, 2025, the parties shall submit directly to Judge Rodriguez’s chambers (via 16 hand delivery or by e-mail to the Court at [email protected]), 17 confidential settlement statements. The statements are limited to ten (10) pages, plus an 18 additional ten (10) pages of exhibits. A settlement statement must outline (1) the nature 19 of the case and the claims, (2) the party’s position on liability or defenses; (3) the party’s 20 position regarding settlement of the case with a specific demand/offer for settlement, 21 and (4) a summary of any previous settlement negotiations or mediation efforts. The 22 settlement statement must specifically identify what the discovery process revealed 23

24 1 “Full settlement authority” means that the individuals at the settlement conference must be authorized 25 to fully explore settlement options and to agree at that time to any settlement terms acceptable to the parties. Heileman Brewing Co. v. Joseph Oat Corp.,

(7th Cir. 1989). The person 26 needs to have “unfettered discretion and authority” to change the settlement position of a party. Pitman v. Brinker Int’l, Inc.,

, 485–86 (D. Ariz. 2003). The purpose of requiring a person with 27 unlimited settlement authority to attend the conference contemplates that the person’s view of the case may be altered during the face-to-face conference.

. A limited or a sum certain of authority is 28 1 and the effect that the evidence has on the issues in the case. To the extent specific 2 discovery responses, portions of deposition testimony, or expert reports are pertinent to 3 the Court’s evaluation of the matter, these documents must be attached as exhibits. 4 Evidence supporting or refuting either party’s claim for damages must also be identified 5 and included as an exhibit. 6 If a party cannot make a specific demand or offer, then the party must explain why 7 a demand or offer cannot be made and when the party will be able to state a demand or 8 offer. The settlement statement should be submitted confidentially and need not be 9 shared with other parties. 10 4. The Court will use its official Zoom video conferencing account to 11 hold the MSC. IF YOU ARE UNFAMILIAR WITH ZOOM: Zoom is available on 12 computers through a download on the Zoom website (https://zoom.us/meetings) or on 13 mobile devices through the installation of a free app. Joining a Zoom conference does 14 not require creating a Zoom account, but it does require downloading the .exe file (if 15 using a computer) or the app (if using a mobile device). Participants are encouraged to 16 create an account, install Zoom, and familiarize themselves with Zoom before the MSC.2 17 There is a cost-free option for creating a Zoom account. 18 5. Before the MSC, the Court will e-mail each MSC participant an invitation to 19 join a Zoom video conference. Participants are encouraged to use laptops or desktop 20 computers for the video conference, because mobile devices often offer inferior 21 performance. Participants shall join the video conference by following the ZoomGov 22 Meeting hyperlink in the invitation. Participants who do not have Zoom already 23 installed on their device when they click on the ZoomGov Meeting hyperlink will be 24 prompted to download and install Zoom before proceeding. Zoom may then prompt 25 participants to enter the password included in the invitation. All participants will be 26

27 2 For help getting started with Zoom, visit: https://support.zoom.us/hc/en-us/categories/200101697- Getting-Started. 28 1 placed in a waiting room until the MSC begins. 2 6. Each participant should plan to join the Zoom video conference at least ten 3 minutes before the start of the MSC to ensure that the conference begins promptly at 4 1:00 p.m. 5 7. Zoom’s functionalities will allow the Court to conduct the MSC as it 6 ordinarily would conduct an in-person MSC. That is, the Court will begin the MSC with 7 all participants joined together in a main session. After an initial discussion in the main 8 session, the Court will divide participants into separate, confidential sessions, which 9 Zoom calls Breakout Rooms.3 In a Breakout Room, the Court will be able to 10 communicate with participants from a single party in confidence. Breakout Rooms will 11 also allow parties and counsel to communicate confidentially without the Court. 12 8. No later than August 15, 2025, counsel for each party shall send an e-mail to 13 the Court at [email protected] containing the following: 14 a. The name and title of each participant, including all parties 15 and party representatives with full settlement authority, claims adjusters for insured 16 defendants, and the primary attorney(s) responsible for the litigation; 17 b. An e-mail address for each participant to receive the Zoom 18 video conference invitation; and 19 c. A telephone number where each participant may be reached 20 so that if technical difficulties arise, the Court will be able to proceed telephonically 21 instead of by video conference. (If counsel prefers all participants of their party on a 22 single conference call, counsel may provide a conference number and appropriate call-in 23 information, including an access code, where all counsel and parties or party 24 representatives for that side may be reached as an alternative to providing individual 25 telephone numbers for each participant.) 26

27 3 For more information on what to expect when participating in a Zoom Breakout Room, visit: 28 1 9. All participants shall display the same level of professionalism during the MSC 2 || and be prepared to devote their full attention to the MSC as if they were attending in 3 person. Because Zoom may quickly deplete the battery of a participant’s device, each 4 || participant should ensure that their device is plugged in or that a charging cable is readily 5 || available during the video conference. 6 All other deadlines and requirements in the Court’s Scheduling Order Regulating 7 || Discovery and Other Pre-Trial Proceedings remain unchanged. (See ECF No. 60.) 8 IT IS SO ORDERED. 9 Dated: July 31, 2025 10 11 / L 12 Honorable Lupe Rodriguez, Jr. 13 United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28