Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge

Ruben Castillo Sitting Judge if Other

than Assigned Judge

Sidney I. Schenkier

CASE NUMBER 12 C 2027 DATE 7/17/2012

CASE

TITLE

Keith vs. Walgreens.Com, Inc.

DOCKET ENTRY TEXT

Settlement conference is set for 09/27/12 at 1:30 p.m. The settlement conference will be held in chambers, Rm. 1756. The

settlement conference will be conducted in accordance with the Court’s Standing Order on Instructions for Settlement Conference,

which is enclosed and which can also be accessed from the Court’s webpage at http://www.ilnd.uscourts.gov/JUDGE/

SCHENKIER/sispage.htm. The schedule for exchange of settlement letters required by the Standing Order is as follows: plaintiff’s

counsel shall serve a settlement letter on defense counsel by 08/13/12, and defendant’s counsel shall serve a settlement letter on

plaintiff’s counsel by 09/19/12. The parties may not change these dates for exchange without either written agreement of the parties

or court order. The plaintiff’s counsel shall deliver copies of the settlement letters to chambers by noon on 09/20/12. The parties

may not change this date absent court order. Parties with “full and complete settlement authority,” as defined in the Standing Order,

must personally attend the conference. The parties who attend the conference shall read all settlement letters prior to the

commencement of the conference. Failure to comply with the Standing Order or with the schedule set in this order may result in

sanctions.

Notified counsel by telephone.

*Copy to judge/magistrate judge.

 Courtroom Deputy

Initials:

smk

12C2027 Keith vs. Walgreens.Com, Inc. Page 1 of 1
MAGISTRATE JUDGE SIDNEY I. SCHENKIER

219 South Dearborn Street

Chicago, IL 60604

Courtroom 1700 Telephone: (312) 435-5609

Chambers 1756 Fax Number: (312) 554-8677

INSTRUCTION FOR SETTLEMENT CONFERENCE

The Court believes that the parties should fully explore and consider settlement, and should do so at the

earliest reasonable opportunity in the case. For those cases that can be resolved through settlement,

early consideration of settlement can allow the parties to avoid unnecessary litigation. This will allow

the parties to also avoid the substantial cost, expenditure of time, and distractions that are typically a

part of the litigation process. Even for those cases that cannot be resolved through settlement, early

consideration of settlement can allow the parties to better understand the factual and legal nature of their

dispute. This often can result in focusing and streamlining the issues to be litigated – which again, can

save the parties considerable time and money.

Consideration of settlement is a serious matter; it therefore deserves and requires serious and thorough

preparation prior to the settlement conference. Set forth below are the procedures that the Court will

require the parties to follow in preparing for the settlement conference, and the procedures that the

Court typically will employ in conducting the conference. Counsel are directed to provide a copy of

this Standing Order to their clients, and to discuss these procedures with them.

• Pre-settlement Conference Exchange of Proposals. The Court has found that settlement

conferences are more likely to be productive if, before the conference, the parties have had a

written exchange of their settlement positions. Accordingly, at least fourteen (14) calendar days

prior to the date of the settlement conference, plaintiff’s counsel shall serve on defense counsel

a letter that sets forth at least the following information: (a) a brief summary of the evidence

and legal principles that plaintiff asserts will allow it to establish liability, (b) a brief

explanation of why damages or other relief would appropriately be granted at trial, (c) an

itemization of the damages plaintiff believes can be proven at trial, and a brief summary of the

evidence and legal principles supporting those damage, and (d) a settlement proposal.

Defendant’s counsel shall serve on plaintiff’s counsel a responding letter that sets forth at least

the following information: (a) any points in plaintiff’s letter with which the defendant agrees,

(b) anypoints in plaintiff’s letter with which defendant disagrees, with references to supporting

evidence and legal principles, and (c) a settlement offer. The Court expects that each of these

letters typically should be five pages or fewer.
• Plaintiff’s counsel shall deliver copies of these letters to chambers. DO NOT FILE COPIES

OF THESE LETTERS IN THE CLERK’S OFFICE. 

The Order scheduling the settlement conference will set forth the dates for the exchange of

letters and their delivery to chambers. The schedule is designed to ensure that the Court and

the parties have enough time to prepare for the conference. Failure to complywith the schedule

set by the Court may result in sanctions.

• ATTENDANCE OFPARTIES REQUIRED. Unless the Court allows otherwise byseparate

order, parties with full and complete settlement authority are required to personally attend

the conference. This means that if a party is an individual, that individual must personally

attend; if a party is a corporation or governmental entity, a representative of that corporation

or governmental entity (other than counsel of record) with full and complete settlement

authoritymust personally attend. “Full and complete settlement authority” means the authority

to negotiate and agree to a binding settlement agreement at any level up to the settlement

proposal of the plaintiff. If a party requires approval by an insurer to settle, then a

representative of the insurer with full and complete settlement authority must attend.

The Court sets aside a significant block of time for each settlement conference. The Court

strongly believes that the personal presence of the parties, and their direct participation in the

discussions and “give and take” that occur, will materially increase the chances of settlement.

Thus, absent a showing of unusual and extenuating circumstances, the Court will not permit

a client to merely be available by telephone as an alternative to personal presence at the

conference. The Court requires that parties attending the conference read the settlement letters

exchanged between the parties before coming to the conference.

• CONFERENCE FORMAT. The Court generally will follow a mediation format: that is,

each side will have an opportunity to make a presentation to the other side, which will be

followed by joint discussion with the Court and private meetings by the Court with each side. 

The Court expects both the lawyers and the party representatives to be fully prepared to

participate in the discussions and meetings. In these discussions, the Court expects all parties

to be willing to reassess their previous positions, and to be willing to explore creative means

for resolving the dispute.

• STATEMENTS INADMISSIBLE. Any statements made by any party during the settlement

conference will not be admissible at trial. The Court expects the parties to address each other

with courtesy and respect, but at the same time strongly encourages the parties to speak frankly

and openly about their views of the case.

ANY PARTY WHO WISHES TO VARY ANY OF THE PROCEDURES SET FORTH

IN THIS STANDING ORDER MUST MAKE AN APPROPRIATE REQUEST TO THE

COURT PRIOR TO THE EXCHANGE OF SETTLEMENT LETTERS DESCRIBED

ABOVE.

ENTER:

______________________________

SIDNEY I. SCHENKIER 

United States Magistrate Judge

Dated: February 25, 2010