ORDER SETTING SECOND MANDATORY SETTLEMENT CONFERENCE

LINDA LOPEZ, Magistrate Judge.

The Court held a Mandatory Settlement Conference ("MSC") on December 12, 2018. Based upon the Parties' request, the Court sets a second Mandatory Settlement Conference on January 3, 2019 at 1:00 p.m. in the chambers of Magistrate Judge Linda Lopez located at 221 West Broadway, Suite 2140, San Diego, CA 92101. All discussions at the Mandatory Settlement Conference will be informal, off the record, privileged, and confidential. Counsel for any non-English speaking party is responsible for arranging for the appearance of an interpreter at the conference.

a. Personal Appearance of Attorneys Required: The principal attorneys responsible for the litigation, must be present in person and legally and factually prepared to discuss settlement of the case.

Unless there is good cause, persons required to attend the conference pursuant to this Order shall not be excused from personal attendance. Requests for excuse from attendance for good cause shall be made in writing at least five (5) court days prior to the conference. Failure to appear in person at the Mandatory Settlement Conference will be grounds for sanctions

b. Full Settlement Authority Required: In addition to counsel who will try the case, all parties, adjusters for insured defendants, and other representatives of a party with full settlement authority1 must be present in person or available telephonically for the entirety of the conference. In the case of a corporate entity, an authorized representative of the corporation who is not retained outside counsel must be present in person or available telephonically for the entirety of the conference and must have discretionary authority to commit the company to pay an amount up to the amount of Plaintiff's prayer (excluding punitive damages prayers). The purpose of this requirement is to have representatives present who can settle the case during the course of the conference without consulting a superior.

c. Confidential Settlement Statements Required: No later than December 31, 2019, the parties shall submit directly to Magistrate Judge Lopez's chambers (via email address or hand delivery c/o the Clerk's Office) confidential settlement statements no more than two (2) pages in length. These confidential statements shall not be filed or served on opposing counsel. Each party's confidential statement must set forth any settlement negotiations and subsequent offers or demands made by that party since the Court's first Mandatory Settlement Conference, and a separate statement of the offer or demand the party is prepared to make at the second Mandatory Settlement Conference.

d. Requests to Continue a Mandatory Settlement Conference: Any request to continue the Mandatory Settlement Conference or request for relief from any of the provisions or requirements of this Order must be sought by a written joint motion or ex parte application. The application must (1) be supported by a declaration of counsel setting forth the reasons and justifications for the relief requested, (2) confirm compliance with Civil Local Rule 83.3(h), and (3) report the position of opposing counsel or any unrepresented parties subject to the Order. Absent good cause, requests for continuances will not be considered unless submitted in writing no fewer than (7) days prior to the scheduled conference.

If the case is settled in its entirety before the scheduled date of the conference, counsel and any unrepresented parties must still appear in person, unless a written joint notice confirming the complete settlement of the case is filed no fewer than twenty-four (24) hours before the scheduled conference.