Settlement Procedures; Settlement Term Sheet; Electronic Devices

=== Settlement Procedures ===

UNITED STATES DISTRICT COURT District of Hawaii SETTLEMENT CONFERENCE PROCEDURES BEFORE MAGISTRATE JUDGE BARRY M. KURREN 1. PRESETTLEMENT CONFERENCE EXCHANGE OF DEMAND AND OFFER. At least 21 days prior to a settlement conference before Judge Kurren, plaintiff’s counsel shall submit a written itemization of damages and settlement demand to defendant’s counsel with a brief explanation of why such a settlement is appropriate. No later than 7 days prior to the settlement conference, defendant’s counsel shall submit a written offer to plaintiff’s counsel with a brief explanation of why such a settlement is appropriate. 2. SUBMISSIONS TO THE COURT. Settlement conference statements submitted to the Court in accordance with LR 16.5(b)(1) shall be delivered electronically to Judge Kurren at [email protected]. Do not deliver hard copies of settlement conference statements to Judge Kurren’s chambers. 3. ATTENDANCE OF PARTIES REQUIRED. Unless otherwise ordered by Judge Kurren, parties with full and complete settlement authority are required to personally attend the conference. An insured party shall appear by a 1 representative of the insurer who is authorized to negotiate, and who has the authority to settle the matter up to the limits of the opposing parties’ existing demand. An uninsured corporate party shall appear by a representative authorized to negotiate, and who has authority to settle the matter up to the opposing parties’ existing settlement demand or offer. Governmental entities may appear through litigation counsel only. 4. FORMAT. Judge Kurren will generally use a mediation format, and all conference discussions will be informal, off the record, privileged, and confidential. 5. RATIFYING A SETTLEMENT. The parties should review and be prepared to complete Judge Kurren’s settlement term sheet at the conclusion of the settlement conference in the event a settlement is reached. 2

=== Settlement Term Sheet ===

SETTLEMENT TERM SHEET CASE NAME: CASE NO. DATE: A. PAYMENT OF MONEY 1. To: 2. From: 3. Total amount to be paid: $ 4. When: 5. Payment terms (e.g., to whom checks will be written, number of payments, payment schedule, etc.): 6. Any third party liens to be paid from proceeds? Yes No . a. If yes, to whom: 7. Tax Treatment (e.g., W-2, 1099): B. SELECT A RELEASE OPTION 1. One way. Yes No . a. If Yes: From b. To or 2. Mutual. Yes No . 3. Scope of Release: a. General Release 1. All claims raised in the litigation , or 2. All existing claims, whether or not raised in the litigation . or 1 b. Limited Release(terms): C. INDEMNIFICATION? 1. One way. Yes No . a. If Yes: From b. To or 2. Mutual. Yes or No . 3. Scope: D. CONFIDENTIALITY 1. Settlement Agreement to be confidential? Yes or No . 2. Mutual confidentiality? Yes or No . 3. What can be said about litigation? a. Dispute amicably resolved. b. Other: 2 4. Exceptions to confidentiality? a. Attorneys. b. Tax advisors. c. Immediate family. d. As otherwise required by law. e. Other: E. OTHER SETTLEMENT TERMS 1. No admission of liability. 2. Each party to bear its own attorneys’ fees and costs. 3. Other Terms: 3 F. GOOD FAITH SETTLEMENT PETITION 1. Will a petition for good faith settlement be filed? Yes No . a. If yes, who will file? b. Deadline to file the petition: c. Will parties join? Yes No . d. Anticipated Opposition? Yes or No . 2. Is Settlement Agreement conditioned on a finding that it is in good faith? Yes or No . G. DOCUMENTING SETTLEMENT 1. The written agreement will be a. prepared by: b. and sent to other parties on or before: c. other parties to respond with changes, if any, by: 2. Agreement to be fully executed on or before: 3. Other terms regarding settlement documentation: H. DISMISSAL 1. Dismissal WITH or WITHOUT prejudice . 2. Stipulation for dismissal to be submitted no later than I. DO PARTY REPRESENTATIVES HAVE FULL AUTHORITY TO ENTER INTO BINDING SETTLEMENT AGREEMENT? Yes or No . 4 1. Print the name, title and identity of each party: 2. Signatures of all party representatives: __________________________________________________________ 5

=== Electronic Devices ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAW All FILED IN THE UNITED STATES DISTRICT COURT DISTRICT OF HAWAII JUL 12 2011 at..1:_o'clock and .51) min. (J Mj SUE BEITIA, CLERK- AMENDED ORDER REGARDING ELECTRONIC DEVICES IN THE MAGISTRATE JUDGES' COURTROOMS OR CHAMBERS IN THE MATTER OF ) Electronic Device Policy for ) Attorneys of Record to Be Permitted to Bring Laptops, Cellular ) Telephones, PDAs, Electronic ) Notebooks or Tablets, Electronic Readers, and other Electronic ) Devices to Assist Them With a Court ) Matter Before the Magistrate Judges AMENDED ORDER REGARDING ELECTRONIC DEVICES IN THE MAGISTRATE JUDGES' COURTROOMS OR CHAMBERS Pursuant to the General Order issued by Chief Judge Helen Gillmor on November 6, 2008, all attorneys of record are authorized to bring into the courthouse laptops, cell phones, PDAs, electronic notebooks or tablets, electronic readers, and other electronic devices for the sole purpose of using the devices in connection with case-related proceedings in the Magistrate Judges' courtrooms or chambers. Any attorney of record bringing an electronic device into the courthouse pursuant to this order shall inform the court security officers at the entrance to the courthouse of the time of the attorney's proceedings and the name of the case. Persons other than attorneys of record (including paralegals or other legal staff, parties, and witnesses) are not authorized by this order to bring electronic devices into the courthouse. An attorney of record in a case before the Magistrate Judges is not authorized by this order to bring any electronic device into the courthouse when entering the courthouse for a matter other than a hearing before the Magistrate Judges or a case-related conference with the Magistrate Judges. No device may disrupt any court proceedings. For example, cell phones are always to be turned off upon entering the courthouse and turned on only with permission of court. In no event may any camera or audio/video equipment be used in the Magistrate Judges' courtrooms or chambers to photograph or to record on video or audio any proceedings. Anyone violating this order will be subject to sanctions. The Magistrate Judges may modify this order at their discretion in specific cases or for specific proceedings. IT IS SO ORDERED. 2 KEVIN~ c-:: 7 United States Magistrate Judge RICHARD L. PUGLISI United States Magistrate Judge IN THE MATTER OF Elech·onic Device Policy for Attorneys of Record to Be Permitted to Bring Laptops, Cellular Telephones, PDAs, Elech·onic Notebooks or Tablets, Elech·onic Readers, and other Elech·onic Devices to Assist Them With a Court Matter Before the Magish·ate Judges; AMENDED ORDER REGARDING ELECTRONIC DEVICES IN THE MAGISTRATE JUDGES' COURTROOMS AND CHAMBERS . 3