Yu Yu Lim v. Expel, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Allison H. Goddard (author)
Analysis
The court reviewed the parties' acceptance of a Mediator's Proposal following a preliminary settlement conference. The court ordered an all-day, in-person settlement conference for October 7, 2026, and established mandatory preparation procedures including the requirement for parties to have full settlement authority.
| What the court decided | The model |
|---|---|
Set an all-day, in-person Settlement Conference for October 7, 2026, and established mandatory preparation procedures.“IT IS ORDERED that an all-day, in-person Settlement Conference is SET for October 7, 2026, beginning at 9:30 a.m. before Magistrate [JUSTICE].” | agree with court The decision is a standard procedural scheduling order based on the parties' acceptance of a mediator's proposal. It follows standard local rules and practice for settlement conferences. |
The order itself: sound — The order is a routine procedural scheduling order. It correctly cites relevant case law to define the standard for 'full settlement authority' required for the conference. The reasoning is sufficient for the purpose of setting the conference and outlining preparation requirements.
Opinion
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 YU YU LIM, Case No.: 3:24-cv-02284-W-AHG 13 Plaintiff, ORDER SETTING SETTLEMENT CONFERENCE 14 v. 15 EXPEL, INC., 16 Defendant. 17 18 Following the July 10, 2026 Settlement Conference, the Court issued a Mediator’s 19 Proposal, which both parties accepted. ECF No. 50. Accordingly, IT IS ORDERED that 20 an all-day, in-person Settlement Conference is SET for October 7, 2026, beginning at 21 9:30 a.m. before Magistrate Judge Allison H. Goddard. In accordance with the Local 22 Rules, the Court requires the attendance of all parties, party representatives, including 23 claims adjusters for insured defendants, and the primary attorney(s) responsible for the 24 litigation. Defendant’s client representative may appear via videoconference. 25 The Court issues the following Mandatory Procedures to be followed in 26 preparation for the Settlement Conference: 27 1. Full Settlement Authority Required: A party or party representative with 28 full and complete authority to enter into a binding settlement must be present. Full authority 1 settle means that a person must be authorized to fully explore settlement options and to 2 agree at that time to any settlement terms acceptable to the parties. Heileman Brewing Co., 3 v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989). The person needs to have 4 ||“‘unfettered discretion and authority” to change the settlement position of a party. Pitman 5 ||v. Brinker Int’l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003). Limited or sum certain 6 || authority is not adequate. Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 595-97 (8th Cir. 7 ||2001). A person who needs to call another person who is not present before agreeing to a 8 || settlement does not have full authority. 9 2. Optional Supplemental Statements: No later than September 30, 2026, the 10 || parties may lodge optional, supplemental statements of five (5) pages or less directly to 11 Judge Goddard’s chambers. These statements shall not be filed or served on opposing 12 ||counsel. They shall be lodged via email at efile_goddard@casd.uscourts.gov. There is no 13 || page limit on exhibits. 14 3. Participant Information: No later than September 30, 2026, counsel for 15 || each party shall send an email to the Court at efile_ goddard@casd.uscourts.gov containing 16 || the following: 17 a. The name and title of each participant; 18 b. An email address for each participant to receive the conference location 19 information; 20 c. A telephone number where each participant may be reached; and 21 d. Accell phone number for that party’s preferred point of contact. 22 IT IS SO ORDERED. 23 Dated: July 24, 2026 24 05 _ Siow. Xion Honorable Allison H. Goddard 26 United States Magistrate Judge 27 28