Standing Order for Mediations and Settlement Conferences - WBG; Waiver of Appearance at Arraignment on Superseding Indictment - WBG

=== Standing Order for Mediations and Settlement Conferences - WBG ===

Magistrate Judge W. Brian Gaddy Charles Evans Whittaker Courthouse 400 East Ninth Street, Chambers 6652 Kansas City, Missouri 64106 (816) 512-5745 STANDING ORDER FOR MEDIATIONS AND SETTLEMENT CONFERENCES (revised January 27, 2026) (1) ATTENDANCE REQUIREMENT (a) (b) Counsel: Lead trial counsel must personally attend. Parties: Parties with full and complete settlement authority must personally attend. 1. If the party is a corporate or governmental entity, a representative of the corporate or governmental entity (other than counsel of record) with settlement authority must personally attend. a. A party’s representative must be able to make the ultimate decision about settlement or have sufficient stature in the corporate or governmental entity to directly access (during all scheduled times for the mediation/ settlement conference) those who make the ultimate decision about settlement. b. A party’s representative shall not be a person to whom the party simply provided a pre-approved amount to settle the matter. c. Absent compelling circumstances, a party’s representative shall not be a material fact witness in the case. 2. If a party requires an insurance company’s approval to settle, a representative of the insurance company with full and complete settlement authority must personally attend. (c) In person: Absent a showing of extenuating circumstances, the Court will not permit a party, party representative, insurer representative, or counsel (“participant”) to participate by telephone or videoconference as an alternative to personally attending the mediation/settlement conference. If a participant desires to appear remotely, the party should seek the approval of opposing counsel. 1. 2. If all parties agree a participant may appear remotely, the parties shall inform the Court of the agreement when the mediation/settlement conference is scheduled with Court staff. The Court, in its discretion, will strongly consider a request made in advance of the mediation/settlement conference for a participant to appear remotely if there is agreement of all parties. If all parties do not agree that a participant may appear remotely, the parties shall inform the Court of the parties’ disagreement when the mediation/ settlement conference is scheduled with Court staff. Absent agreement of all parties, the Court retains discretion to allow a participant to appear remotely only upon a showing of extreme hardship or other extenuating circumstances. (d) Videoconferencing: As an alternative in-person mediation/settlement conference, the Court, in its discretion, may permit videoconferencing for all participants. Any request to conduct the entire mediation/settlement conference for all participants via videoconferencing should be made when the mediation/settlement conference is scheduled with Court staff. The parties should be aware the Court strongly prefers in-person sessions for most mediation/settlement conferences. to an (2) MEDIATION/SETTLEMENT CONFERENCE STATEMENTS Each party shall submit a mediation/settlement conference statement (“statement”) by no later than three business days prior to the scheduled mediation/settlement conference. Each party’s statement should be emailed to Judge Gaddy’s Courtroom Deputy Clerk Melissa Nolte ([email protected]). The statement should not be filed on ECF. A party’s failure to provide a timely statement will result in the mediation/settlement conference being cancelled and may be reported to the MAP Director and/or the presiding magistrate or district court judge assigned to the underlying case. A party is not required to but is not prohibited from sharing the party’s statement with opposing counsel. The statement shall not exceed five pages and must contain the following: (a) (b) (c) (d) (e) (f) (g) (h) Name and title of each person attending the mediation/settlement conference; Brief summary of the case (e.g., overview of the claims, allegations, and defenses); Key disputed factual and/or legal issues; Type(s) of relief sought, estimated monetary damages (if applicable), and potentially applicable damage caps; Any non-monetary settlement terms the party desires; Amount of and terms of prior settlement negotiations and when those occurred; If an agreement under which an insurer may be liable to satisfy all or part of a possible judgment, the name of the insurer(s), policy type(s), and policy limit(s); If applicable, identification of outstanding liens and whether a lienholder’s representative should be required to attend the mediation/settlement conference; (i) Whether joint sessions would be helpful or counterproductive; and (j) Other issues of which the Court should be aware. (3) PRE-PROCEEDING SETTLEMENT DISCUSSIONS RECOMMENDED If the parties have not yet discussed potential settlement, the Court strongly encourages counsel to discuss settlement and exchange demands/offers prior to the mediation/settlement conference. (4) TIME ALLOTTED Generally, the Court conducts mediations/settlement conferences from 9:30 a.m. to 1:30 p.m. If the parties believe additional time is required, counsel should inform the Court when the mediation/ settlement conference is initially scheduled. (5) FORMAT The Court reserves the right to begin the mediation/settlement conference by meeting with all participants. During this meeting, the Court will discuss the logistics and confidentiality of the proceeding. The Court may allow each party an opportunity to make a brief presentation. This will be followed by each side’s private meetings with the Court. If it appears joint sessions will not be helpful, the Court retains the discretion to dispense with a joint opening session with all parties. Page 2 of 3 (6) CONFIDENTIALITY Any statements made by a party or counsel during the mediation/settlement conference must remain confidential, shall not be shared with anyone who is not participating in the mediation/settlement conference, and will not be admissible at trial. If videoconferencing is used, no portion of the proceeding shall be recorded, rebroadcasted, or otherwise shared in any fashion. (7) EXPECTATIONS Participants shall address one another with courtesy and respect. Parties and their counsel are expected to participate in good faith and be fully prepared to participate. The parties shall keep an open mind, be willing to reassess their positions, and explore creative means for resolving the dispute. The Court encourages participants to speak frankly and openly about their views of the case. (8) COMPLIANCE WITH THE COURT’S ORDERS Participants shall comply with this Order and the General Order of the Mediation and Assessment Program (“MAP”), which is available on the Court’s website. A party’s and/or counsel’s noncompliance with this Order and/or the MAP General Order will be reported to the assigned district court judge and/or the MAP Director and may result in the imposition of sanctions. (9) CANCELLATION OR RESCHEDULING If the parties believe the mediation/settlement conference should be canceled or rescheduled, they should contact Chambers as soon as possible. Page 3 of 3

=== Waiver of Appearance at Arraignment on Superseding Indictment - WBG ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ________________ DIVISION UNITED STATES OF AMERICA, Plaintiff, v. ______________________________, Defendant. Case No. __________________ WAIVER OF APPEARANCE AT ARRAIGNMENT AND ENTRY OF PLEA OF NOT GUILTY1 I, _______________________________, acknowledge that I am the person named above. I have received a copy of the superseding indictment in this matter. I have reviewed the superseding indictment and have discussed the charge(s) with my attorney. I understand the general nature of the charge(s) alleged in the superseding indictment and the penalties associated with the charge(s). I acknowledge that I have a right to personally appear at my arraignment on the superseding indictment and have the superseding indictment read to me by the Court. I voluntarily waive my right to be present at my arraignment on the superseding indictment. I ask the Court to accept my waiver but acknowledge the Court has the right to accept or decline my waiver. I hereby enter a plea of ______________________ to all counts in the superseding indictment. DATE: ______________________ _______________________________________ Signature of Defendant DATE: ______________________ _______________________________________ Signature of Defendant’s Counsel 1 Defendant’s waiver of personal appearance does not waive the actual arraignment on the superseding indictment. Counsel for Defendant and the Government must appear at the arraignment, which will be conducted in person or via video teleconference. Defendant’s waiver shall be filed at least two business days before the scheduled arraignment to allow time for the Court to accept or decline the waiver and, if applicable, notify the United States Marshal Service concerning Defendant’s transportation.