Eastern District of Oklahoma
IN BRIEF
Process summary
Mandatory magistrate judge settlement conference.
Under the Eastern District of Oklahoma's CJRA plan, effective December 1, 1993, most civil cases are set for a mandatory settlement conference with the district's magistrate judge (often referred to as the settlement judge). Prisoner pro se petitions, Social Security cases, and bankruptcy appeals are excluded from referral. Referral generally occurs after completion of discovery, although it may occur at any time appropriate for the case. An order of referral is issued by the assigned judge.
The settlement conference order requires each party to provide the magistrate judge and other parties with a settlement conference statement setting forth its positions, demands, and offers. In addition, twenty-five days before the conference, the plaintiff must submit a written settlement offer to the defendant and file a copy with the magistrate judge. The defendant must respond within fifteen days of the settlement conference.
The settlement conference is generally held thirty to sixty days before the scheduled trial date, although the conference may be held earlier if it would be helpful. All other activities in the case go forward during the settlement process. In addition to counsel, parties with full settlement authority must attend the settlement conference. The attendance requirement applies to insurance companies and corporations as well as individuals, but governmental entities and corporations whose board of directors must approve a settlement may be granted permission to proceed with more limited authority. Failure by counsel or parties to comply with any aspect of the settlement conference order or procedure is subject to sanctions by the court.
During the conference, the magistrate judge hears an overview of the case from each party and then attempts to facilitate settlement. Depending on the nature of the case, the magistrate judge uses a variety of techniques, including private caucuses before or after the overview presentation or evaluation followed by private caucuses and shuttle diplomacy. Settlement conference discussions are confidential. At the conclusion of the settlement conference, the magistrate judge files a minute order with the court indicating only whether the case settled. Although only one conference of two to four hours is generally conducted in a case, the magistrate judge will conduct a follow-up conference by telephone if necessary.
The mandatory settlement conference with the magistrate judge is a long-standing procedure in this district. From January through September 1994, 163 cases were referred to magistrate judge settlement conferences.
Summary jury trial (SJT).
Under Rule 16 and the court's inherent authority to control its docket, judges may refer cases scheduled for more than five days of trial to a magistrate judge for summary jury trial. The summary jury trial procedure and counsel's obligations under it are described in the order of referral to summary jury trial and in the court's Handbook and Rules for Summary Jury Trial Proceedings. From January through September 1994, two cases were referred to summary jury trial.
Of note
Obligations of counsel.
Attorneys are required to discuss their ADR options with each other and their clients and to demonstrate to the court that they have done so. They must also address the case's ADR suitability in their case management statement and must be prepared to discuss ADR's use in the case with the assigned judge.
Plans.
The court plans to refine and expand the use of the summary jury trial procedure by January 1997.
For more information
James H. Payne, U.S. Magistrate Judge, 918-687-2434
Excerpted from
ADR and Settlement in the Federal District Courts: A Sourcebook for Judges & Lawyers, 1996,
a publication of the Federal Judicial Center and CPR Institute for Dispute Resolution