F!L D ~.~
IN THE UNITED STATES DISTRICT COURT
u.s. L):!S"-'F;~i
FOR THE EASTERN DISTRICT OF TEXAS 18
BEAUMONT DIVISION
STANDING ORDER MC-4I SETTLEMENTS AND ORDERS OF ~:~~ly.&tL
The following standing order is hereby ADOPTED:
STANDING ORDER MC-41 SETTLEMENTS AND ORDERS OF DISMISSAL
(a) SETTLEMENTS
(1) The parties in every civil action must make a good faith effort to settle the case.
Settlement negotiations shall be entered into at the earliest possible time, well in
advance of any pretrial conference.
(2) The court, upon motion by a party or sua sponte, may order mediation if deemed
appropriate.
(3) The court will be available for settlement discussions. In nonjury cases, the court
will not discuss settlement figures except upon request and approval of all
concerned parties.
(4) Counsel shall immediately notify the court administrator of the settlement of
any case with pending motions or set for conference, hearing, or trial.
(5) Announcement of settlement must be followed by the closing papers within thirty
(30) days.
(6) Upon settlement of a suit involving a minor plaintiff, counsel shall jointly move for
appointment of a guardian ad litem ifthere is a potential conflict of interest between
the parent(s) and the minor. If counsel cannot agree on a guardian ad litem, each
counsel shall submit the names of three proposed ad litems, and the court will
appoint one guardian ad litem from the list. With the motion for appointment,
counsel will notify the court administrator by letter requesting a settlement
conference.
(7) Prior to the conference, counsel shall furnish the court a copy of the proposed final
judgment and any additional information that counsel feel might be helpful to the
court in approving the settlement. Any motion by the guardian ad litem requesting
that funds be placed in the registry of the court must be filed prior to the
conference and approved by the Finance Administrator of the Clerk's office.
(8) All counsel and parties must attend the conference unless excused for good cause
shown.
(b) ORDERS OF DISMISSAL
In the absence of a showing of good cause, any defendant upon whom service has not been
perfected within 120 days after the complaint is filed will be dismissed from the case
without prejudice for want of prosecution in accordance with FED. R. CIV. P. 4(m) and
Local Rule CV-41.
This order applies to all pending cases and to those filed on or after the date of this order.
Signed at Beaumont, Texas, the 28/L-day of February, 2005.
~tL~
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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