Judge Ann Marie Donio
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Settlement Memorandum
- 1 copy • Within 7 Days
Adjournments
- Settlement conference adjournment requests require informal letter with good cause, specific reasons, and opposing counsel's position, submitted at least 7 days in advance unless extraordinary circumstances exist.
- Requests for excused absence must be in writing 3 days before conference.
Document Filing Requirements3 rules
Corporate entities must have both corporate representative and outside counsel present.
- Document
- Settlement conference
Must include
- •Outside counsel
Court's wording
As set forth supra, in addition to principal attorneys responsible for the litigation, a party or party representative with full settlement authority must be present for the settlement conference. In the case of a corporate entity, an authorized representative of the corporation, in addition to retained outside counsel, must be present.
Settlement memoranda must include specific required content elements.
- Document
- Settlement memorandum
Must include
- •Defenses positions
- •Non-monetary terms
- •Claims counterclaims
- •Prior settlement offers
- •Settlement demand offer
Court's wording
Settlement memoranda must include the following: (i) a brief description of the action, the claims and/or counterclaims asserted, and the applicable defenses and/or positions concerning the asserted claims, counterclaims, and/or defenses; (ii) a specific and current demand or offer of settlement addressing all relief or remedies sought; (iii) a brief description of any prior settlement offers, if any, mediation sessions, or mediation efforts; and (iv) a brief delineation of any non-monetary terms and/or conditions necessary for settlement.
All parties, adjusters for insured defendants, and other party representatives with full and complete settlement authority, as well as the principal attorneys responsible for the litigation, shall appear in person and remain available for the duration of the settlement conference.
Must include
- •Settlement authority
Filing & Service rules
Courtesy Copy Requirements
Settlement memoranda must be submitted to chambers via email one week before conference.
Counsel shall submit settlement memoranda directly to Chambers no later than one (1) week prior to the settlement conference via email at njdnef_donio@njd.uscourts.gov. These settlement memoranda shall not be electronically filed, but shall be exchanged between the parties no later than one (1) week prior to the settlement conference.
Page 2 | Settlement Memoranda
Adjournment & Extension Requirements
Settlement conference adjournment requests require informal letter with good cause, specific reasons, and opposing counsel's position, submitted at least 7 days in advance unless extraordinary circumstances exist.
Any application to continue and/or to adjourn any settlement conference must be presented by way of informal letter application to the Court. The application shall (1) be supported by good cause; (2) shall set forth, with specificity, the reason for the request; and (3) shall address the position of opposing counsel with respect to any such request. Absent extraordinary circumstances, requests for continuances shall be submitted in writing no later than seven (7) days prior to the scheduled conference.
Page 3 | Requests to Continue and/or to Adjourn Settlement Conferences
Requests for excused absence must be in writing 3 days before conference.
Requests to be excused from personal attendance shall be supported by good cause, shall address the position of opposing counsel or any unrepresented parties with respect to the request, and shall be made in writing at least three (3) days prior to the settlement conference. Any party excused from personal attendance shall remain available telephonically for the entire duration of the settlement conference.
Page 2 | Personal Appearance of Parties Required
Government attorneys may be excused if they have primary responsibility and negotiation authority.
Counsel for a government entity may be excused from this requirement, provided that the government attorney who attends (1) has primary responsibility for handling the case, and (2) may negotiate settlement offers which the attorney is willing to recommend to the government official having ultimate settlement authority.
Page 2 | Full and Complete Settlement Authority Required