UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

TERI JO SHIRK, 

 

Plaintiff, 

 Case No. 1:17-cv-00160 

 Dlott, J.; Litkovitz, M.J. 

vs. 

INTERNAL REVENUE SERVICE, 

Defendant. 

ORDER SETTING SETTLEMENT CONFERENCE

This case is hereby set for settlement conference on February 15, 2018 at 10:00 

AM, at the Potter Stewart U.S. Courthouse, 100 E. 5th Street, Room 706, Cincinnati, 

Ohio. The undersigned U.S. Magistrate Judge will serve as the facilitator of the 

settlement conference. After a good faith assessment of the value of the case, 

Plaintiff shall submit a demand to defendant by January 5, 2018. Defendant, after 

the same good faith assessment, must then respond with an offer by January 22, 

2018. The parties should thereafter engage in continued settlement discussions in an 

attempt to resolve the matter prior to the settlement conference. 

Not later than noon, on February 5, 2018, each party shall submit to the 

Magistrate Judge only, and without formal filing with the Clerk, a confidential letter of five 

pages or less regarding potential settlement, including a statement of the strengths and 

weaknesses of the case, an assessment of liability and damages, a summary of the 

settlement negotiations, and a proposal as to how to settle this case now. These letters 

will be maintained by the Court separate and apart from the case file, and may be 

Case: 1:17-cv-00160-SJD-KLL Doc #: 21 Filed: 12/07/17 Page: 1 of 2 PAGEID #: 67
delivered by fax (513-564-7681) or email bowman_chambers@ohsd.uscourts.gov). 

Upon review of the submissions, the Court may schedule a telephone conference in 

advance of the settlement date. 

Throughout the entirety of this settlement conference, party representatives with 

complete authority to negotiate a settlement of the case shall be present. Complete 

authority is defined by the undersigned as an individual or representative who is 

fully authorized to approve a settlement and has the power to change the party’s 

settlement posture during the course of the conference. To be clear, someone 

who comes to a conference “with a cap” or who has to “make a phone call” to 

obtain additional authority or approval is NOT someone with complete authority.1 

Sanctions may be ordered for violations of this rule. 

Pursuant to S. D. Ohio Civ. R. 16.3(c), all statements made by the parties relating 

to the substance or merits of claims or defenses made in the case, whether written or 

oral, made for the first time during the settlement conference or in the settlement 

conference statements required above shall be kept confidential by the Court, the 

parties, and counsel and shall not be admissible in evidence for any reason during the 

trial of this case. 

IT IS SO ORDERED.

s/ Stephanie K. Bowman 

Stephanie K. Bowman 

 United States Magistrate Judge 

 

1 If counsel believes that his or her case presents exceptional circumstances which would justify a 

variance from this rule, counsel may request a waiver from this requirement by contacting the 

chambers of the undersigned, but only after consultation with opposing counsel. Such request 

for a waiver shall be made no later than the deadline for parties to submit their position 

statements.

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