Directives from the Settlement Judge Within any constraints fixed by the referring Judge, the settlement Judge shall notify the parties of the time and date of the settlement conference. The settlemen
U.S. District Court for the Northern District of California
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(b) Government Entity. A unit or agency of government satisfies this attendance requirement if represented by a person (in addition to counsel of record) who has, to the greatest extent feasible, authority to settle, and who is knowledgeable about the facts of the case, the governmental unit’s position, and the procedures and policies under which the governmental unit decides whether to accept proposed settlements. If the action is USDC ADR Local Rules – Effective May 1, 2018 ADR-24 brought by the government on behalf of one or more individuals, at least one such individual also must attend. (c) Insurers.
Unless excused by the settlement Judge, insurer representatives are required to attend in person if they have accepted coverage, or the duty to defend, even if subject to a reservation of rights. Commentary Ordinarily, a corporation or other entity, including a governmental entity or an insurer, satisfies the attendance requirement by sending a person or persons who can agree to a settlement without the necessity of gaining approval from anyone else. Exceptions to this general practice must be disclosed and addressed in advance of the settlement conference.