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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Adult Printed Diapers LLC,

Plaintiff, 

v. 

Rearz Incorporated, et al., 

Defendants. 

No. CV-18-00370-PHX-DJH

ORDER SETTING SETTLEMENT 

CONFERENCE 

 This case has been referred to United States Magistrate Judge Eileen S. Willett for 

a settlement conference (Doc. 41). The purpose of the settlement conference is to 

facilitate resolution of the referenced case. 

 Rule 408, Federal Rules of Evidence, applies to all aspects of the settlement 

conference. All communications and information exchanges made in the settlement 

process, not otherwise discoverable, will not be admissible in evidence for any purpose. 

At the conclusion of the settlement conference, all documents submitted by the parties 

shall be returned, destroyed, or otherwise disposed of in the manner directed by the 

settlement judge. 

 Pursuant to Rule 16, Federal Rules of Civil Procedure, and 28 U.S.C. §473(b)(5), 
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IT IS ORDERED THAT: 

1. Telephonic Status Conference is set on Wednesday, September 5, 2018 at 

2:00 p.m., before United States Magistrate Judge Eileen S. Willett, 602-322-7620. All 

counsel who will participate in the Settlement Conference shall participate in the 

Telephonic Status Conference. The Court will discuss the manner in which this 

Magistrate Judge conducts Settlement Conferences. In addition, counsel should be 

prepared to discuss any information which may assist the Court in helping the parties 

reach a fair resolution of issues pending before the Court. Counsel shall deliver or mail 

their respective Confidential Settlement Statement forms to the Magistrate Judge so that 

the Magistrate Judge can read them in preparation for the Telephonic Status Conference. 

Counsel for Plaintiff shall initiate the conference call to Chambers. 

 2. A Settlement Conference shall be held before United States Magistrate Judge 

Eileen S. Willett in Courtroom 606, Sandra Day O’Connor U.S. Courthouse, 401 West 

Washington Street, Phoenix, Arizona, on Monday, September 17, 2018 at 1:30 p.m. 

The Settlement Conference shall continue until concluded by the court. 

 3. Sanctions may result, including possible dismissal of the case, if a party fails 

to: 

 Physically appear at the Settlement Conference; 

 Participate in good faith at the Settlement Conference; 

 Timely submit the Confidential Settlement Statement attached 

hereto; OR 

 Comply with any other portion of this order. 

 4. Each named party shall be physically present at the Settlement Conference 

unless the court finds good cause to permit a party to appear by telephone prior to the 

settlement conference being held. 

 5. A corporation, association, partnership, business entity, organization, 
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governmental agency, or political body shall appear through a representative having full 

binding settlement authority in addition to counsel.1

 6. Counsel who will be responsible for trial of the lawsuit for each party shall 

personally appear and participate in good faith at the Settlement Conference. 

 7. Each party (i.e. each separately represented party and each unrepresented party) 

shall submit a completed settlement statement form (a copy is attached for your use) in an 

envelope marked “Confidential” addressed to Honorable Eileen S. Willett, Settlement 

Conference Judge, United States District Court, 401 West Washington Street, Suite 321, 

SPC 13, Phoenix, Arizona, 85003-2120. The statement may be hand delivered or 

mailed; however, it must be received by United States Magistrate Judge Eileen S. Willett 

on or before Wednesday, August 29, 2018.

 8. If a party believes that the Settlement Conference would be a futile act2

resulting in economic waste inconsistent with Rule 1, Fed. R. Civ. P., the party shall file a 

notice with the Court no later than fourteen (14) days after the date of this Order. The 

party shall also provide a copy of the notice to Magistrate Judge Eileen S. Willett’s 

chambers. The notice shall explain in detail why the party believes the Settlement 

Conference would not be an efficient use of time and resources of the parties and the 

Court. Upon receiving the notice, the Court will arrange a telephonic conference with 

counsel to discuss whether the Settlement Conference, or another form of alternative 

dispute resolution, would help move the case towards resolution. 

 9. Failure to timely file the notice described in the preceding paragraph constitutes 

 

1

 “Full binding settlement authority” within this Order means that the individual 

appearing for or on behalf of the Defendant(s) shall have the express authority and 

discretion to authorize payment to, or accept the terms of, Plaintiff’s last settlement 

demand. 

2

 A settlement conference may be deemed a futile act, for example, when a party 

or insurer adopts a position from which that party or insurer refuses to deviate. 
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a party’s acknowledgment and agreement that there is a reasonable, good faith 

opportunity to resolve the case at the Settlement Conference. 

 Dated this 16th day of May, 2018. 

Honorable Eileen S. Willett

United States Magistrate Judge
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CONFIDENTIAL SETTLEMENT STATEMENT 

IN RE: CVTHIS DOCUMENT IS CONFIDENTIAL AND SHOULD BE SENT DIRECTLY 

TO THE SETTLEMENT CONFERENCE JUDGE, HON. EILEEN S. WILLETT, 

UNITED STATES DISTRICT COURT, 401 WEST WASHINGTON STREET, 

SUITE 321, SPC 13, PHOENIX, AZ 85003. THIS DOCUMENT SHALL NOT BE 

SERVED ON THE OPPOSING PARTY NOR FILED WITH THE CLERK OF 

THE COURT. THIS DOCUMENT WILL BE DESTROYED AT THE 

CONCLUSION OF THE SETTLEMENT CONFERENCE PROCEEDINGS. NO 

REFERENCE TO THIS DOCUMENT OR ITS CONTENTS SHALL BE MADE IN 

ANY MOTIONS, BRIEFS OR OTHER DOCUMENTS FILED IN THIS CASE. 

THIS DOCUMENT SHALL BE INADMISSABLE IN EVIDENCE IN ANY 

JUDICIAL PROCEEDING. 

PARTY SUBMITTING STATEMENT: 

NAME OF ATTORNEY SUBMITTING STATEMENT: 

(OR PARTY IF UNREPRESENTED BY COUNSEL) 

ADDRESS: 

 

PHONE: 

FAX: 
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FACTS 

Give a brief statement of the undisputed facts. Give a brief statement of the disputed 

facts. 

ISSUES 

List all issues to be negotiated: 

HISTORY 

Give a chronology of significant events involving any prior settlement discussions and 

mediations attended, including each offer or demand made. 

CASE ANALYSIS: Yours 

Describe from your perspective the strengths and weaknesses of your case: 

CASE ANALYSIS: Theirs 

Describe from their perspective the strengths and weaknesses of their case: 

CRITERIA: 

List the criteria you will use to decide if a proposal is acceptable: 

List the criteria you believe they will use to decide if a proposal is acceptable: 
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OPTIONS: 

Generate a list of possible options for each issue to be negotiated. 

ISSUES OPTIONS 

 

ANY OTHER INFORMATION THAT YOU FEEL WOULD HELP THE 

SETTLEMENT CONFERENCE JUDGE: 

 DATED this day of , 2014. 

 Signature of Counsel or Party 

Please use the format provided to answer the questions posed. Please be 

courteous and reasonable in the length of your responses.