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Magistrate Judge Paul R. Cherry - Settlement Conferences
Magistrate Judge Paul R. Cherry
Suite 3500, U.S. Courthouse
5400 Federal Plaza
Hammond, IN 46320

Settlement Conferences

The parties are required by Local Rule 16.6(b) and the Court's General Order of July 9, 2003, to consider the use of alternative dispute resolution process, such as mediation, to attempt to settle the case. Click here for a list of   mediators approved by the Court.

A settlement conference conducted by a Judge is excluded as an alternative dispute resolution process for these purposes.

Therefore, a settlement conference conducted by Magistrate Judge Cherry may be requested and held only:
1.  After mediation by a private mediator has been attempted and failed, or
2.  If good cause exists for an exception to the Local Rule and the General Order, which good cause
      is required to be specifically articulated and made of record.

If, under the circumstances, a settlement conference is eligible to be held and is requested, then a written order will be issued scheduling the settlement conference and providing specific instructions regarding the settlement conference and the parties' preparation for it.

Each party shall be present in person. Non-individual parties (such as a business corporation, an insurance carrier, etc.) shall be present by a person with full settlement authority.

Upon the scheduling of the Settlement Conference the Court will issue an Order of Settlement Conference. The Order requires that:

-- All individual parties and/or chief corporate officers, lead trial counsel, and persons possessing full settlement authority must personally appear and remain present throughout the settlement conference (failure to appear may result in an order for payment of fees and costs spent by the other parties and counsel for attending the Settlement Conference)

-- No later than 48 hours before the Settlement Conference each party must provide the Court with a Confidential Settlement Memorandum (which will not be disclosed to any other party or opposing counsel) which must include:

-- a brief statement of the facts of the case, and of the claims and defenses, i.e., the statutory or other grounds upon which the claims are founded

-- if any part of the case is based upon a written instrument, a copy of the relevant portions of the written instrument must be attached

-- an itemization of damages claimed and of any other relief sought

-- an estimate of the length of trial

-- whether any recovery by the Plaintiff(s) would be subject to any lien and, if so, the source, nature and amount of the lien

-- a summary of settlement negotiations to date

-- a good faith estimate of each party's range of settlement (this is for the Court's consideration and will not be disclosed to opposing counsel)

-- any other matter which the Court should be made aware of in advance

-- The Confidential Settlement Memorandum must be faxed to Magistrate Judge Paul R. Cherry
     at 219-852-6713 and marked CONFIDENTIAL on the cover sheet.

  • Sample Order For Settlement Conference

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