IT IS HEREBY ORDERED that an Early Neutral Evaluation (ENE) of your case will be

held on December 1, 2014 at 9:30 a.m. in the chambers of the Honorable Barbara L. Major,

United States Magistrate Judge, 333 West Broadway, Suite 1110, San Diego, California

92101.

1. Purpose of Conference: The purpose of the ENE is to permit an informal

discussion between the attorneys, parties, and the settlement judge of every aspect of the

lawsuit in an effort to achieve an early resolution of the case. All conference discussions 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.

2. Personal Appearance of Parties Required: All parties, adjusters for insured

defendants, and other representatives of a party having full and complete authority to enter into

a binding settlement, and the principal attorneys responsible for the litigation, must be present

in person and legally and factually prepared to discuss settlement of the case. Counsel

appearing without their clients (whether or not counsel has been given settlement authority) will

be cause for immediate imposition of sanctions and may also result in the immediate termination

of the conference.

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 three (3) court days prior to the

conference. Failure to appear at the ENE conference will be grounds for sanctions.

3. Full Settlement Authority Required: In addition to counsel who will try the

case, a party or party representative with full settlement authority1 must be present for the

conference. In the case of a corporate entity, an authorized representative of the corporation

who is not retained outside counsel must be present and must have discretionary authority to

commit the company to pay an amount up to the amount of the 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.

Counsel for a government entity may be excused from this requirement so long as the

government attorney who attends the ENE conference (1) has primary responsibility for handling

the case, and (2) may negotiate settlement offers which the attorney is willing to recommend

to the government official having ultimate settlement authority.

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