The Honorable Joseph F. Leeson, Jr.
Judge
United States District Court
Eastern District of Pennsylvania
Edward N. Cahn Courthouse and Federal Building
504 West Hamilton Street, Suite 3401
Allentown, Pennsylvania 18101
Telephone: 610-391-7020
Fax: 610-821-1481
[email protected]
SETTLEMENT CONFERENCE POLICIES AND PROCEDURES
A. In-Person Settlement Conferences
(1) Parties’ Attendance and Participation is Required. Judge Leeson requires that a party
or party’s representative with knowledge of the case and full and binding settlement authority attend
the chambers conference in person. At the settlement conference, trial counsel shall appear and
bring with them all persons whose consent may be necessary to settle the case. “[A]ll persons”
means insurance adjusters with full and unlimited authority to settle the case, as well as clients.
Persons present must have full and unlimited settlement authority and may not confer by
telephone with anyone to seek additional authority. Defendant’s settlement authority must be
consistent with and not less than the Plaintiff’s last demand. Only in exceptional circumstances
will Judge Leeson permit a person to participate in the conference by telephone. This shall be the
exception rather than the rule. Counsel seeking this relief must contact chambers as soon as they are
aware of a problem with attendance. A copy of Judge Leeson’s Settlement Conference Scheduling
Order is attached for reference. Counsel and the parties are required to strictly adhere to this
procedure.
(2) Settlement Conference Procedures. At the settlement conference, the Judge will
expect counsel to:
(a) Be prepared to discuss the weaknesses, as well as the strengths, of their case.
(b) Prepare their client in advance of the settlement conference.
(c) Be patient. Settlement is a process. It takes time.
(d) Be flexible. Avoid bottom lines or top numbers.
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(e) Realistically evaluate the case.
(f) Manage your client’s expectations.
(g) Manage your own expectations.
(3) Follow-Up Contact. Judge Leeson will, if appropriate, continue to work with counsel
after the settlement conference if the matter is not resolved at the conference.
(4) Continuances. Settlement Conferences are scheduled by order of the Court and
attendance is mandatory. Due to the large number of cases scheduled for settlement conferences, any
request to reschedule a conference could cause a delay of that conference for several weeks. For this
reason, any continuance requests should be made within fourteen (14) days of receipt of the notice
scheduling the conference. Continuance requests will only be granted for the most compelling
reasons.
B. Telephone Settlement Conferences
In certain cases, the Court may decide to hold a telephone settlement conference with counsel.
At the time of the telephone settlement conference, counsel will be expected to discuss:
(1) The status of settlement discussions (if any).
(2) The possibility of settlement.
(3) Whether counsel would like to have ex-parte telephone conferences with Judge
Leeson concerning settlement. If all counsel consent, Judge Leeson will engage in ex-
parte conferences with counsel as he deems necessary.
(4) The possible scheduling of an in-person settlement conference.
Counsel shall discuss settlement with their clients before the telephone conference.
C. Confidential Settlement Conference Memorandum Required
Judge Leeson requires counsel to submit, for his confidential review, a brief written
settlement conference memorandum one week before any scheduled in-person settlement conference
or telephone settlement conference, which shall not exceed three (3) pages in length.Each
memorandum shall include the following information:
(1) The caption of the case.
(2) Whether the case will be tried to a jury or through a nonjury trial.
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(3) Trial counsel’s name, address, telephone number, and fax number, and client.
(4) Identification of any pending motions.
(5) A brief summary of the facts of the case and its current procedural status.
(6) The history of all prior demands and offers.
(7) The existence and policy limits of any insurance coverage.
(8) A specific offer or demand for settlement.
(9) A candid assessment of the strengths and weaknesses of the client’s case.
(10) Identification of any other relevant matters.
Settlement conference memoranda are not to be filed with the Clerk of Court or filed
electronically through the Court’s Electronic Case Filing (ECF) System. Instead, each
memorandum must be sent to chambers, via e-mail in Microsoft Word format, at:
[email protected]
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
Plaintiff, :
:
v. : No. _________________
:
Defendant. :
__________________________________________
SETTLEMENT CONFERENCE SCHEDULING ORDER
1. Scheduling of Settlement Conference: An in-person settlement conference in this case
is scheduled for ________________________, 20_____, at ____________ a.m./p.m. before the
Honorable Joseph F. Leeson, Jr., United States District Judge, at the Edward N. Cahn Courthouse and
Federal Building, Courtroom C, Third Floor, 504 West Hamilton Street, Allentown, Pennsylvania
18101.
2. Required Attendance. Counsel are directed to report to Courtroom Deputy Justin F.
Wood, Third Floor, Room 3003 (adjoins Courtroom C), on the date and time stated above. Pursuant
to Federal Rule of Civil Procedure 16(c)(1), trial counsel shall appear and bring with them all persons
whose consent may be necessary to settle this case. All persons shall mean insurance adjusters
with full and unlimited authority to settle the case, as well as clients. Persons present must
have full and unlimited settlement authority and may not confer by telephone with anyone to
seek additional authority. Defendant’s settlement authority must be consistent with and not
less than the Plaintiff’s last demand.
3. Confidential Settlement Conference Memoranda Required: Counsel are further
directed to provide a settlement conference memorandum to chambers by e-mail one week before the
scheduled settlement conference, not to exceed three (3) pages in length. The e-mail address is:
[email protected]. Settlement Conference Memoranda
are for Judge Leeson’s review only and will not be shared with other counsel or the parties. Each
memorandum shall include the following information:
(a) The caption of the case.
(b) Whether the case will be tried to a jury or through a nonjury trial.
(c) Trial counsel’s name, address, telephone number, fax number, and client.
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(d) Identification of any pending motions.
(e) A brief summary of the facts of the case and its current procedural status.
(f) The history of all prior demands and offers.
(g) The existence and policy limits of any insurance coverage.
(h) A specific offer or demand for settlement.
(i) A candid assessment of the strengths and weaknesses of the client’s case.
(j) Identification of any other relevant matters.
BY THE COURT:
_________________________________
JOSEPH F. LEESON, JR.
United States District Judge
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