Judge Keri L. Holleb Hotaling
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Settlement Letter
- When Notified
Adjournments
- Daubert motions must be filed 60 days before trial unless court sets different schedule.
- Motions in limine must be filed 21 days before trial; responses due 14 days before trial.
- Requests for expedited transcripts must be made 7 days before trial.
Document Format Requirements1 rule
The Court prefers the items be separate Word documents that are editable.
- Preferred format
- Word
Formatting
- •Separate documents
- •Editable
Document Filing Requirements15 rules
Settlement conference date can only be changed by motion; letter exchange deadlines are court orders requiring chambers approval for amendments.
Court's wording
After the pre-settlement conference phone call, the Court will enter a minute order specifying the settlement conference date and the appropriate dates for settlement letters to be exchanged. Once the date for a settlement conference is set, that date can only be changed by motion. Similarly, failure to comply with the schedule for exchange of settlement letters will be viewed as a violation of a court order; counsel cannot agree to amend the letter exchange deadlines amongst themselves but must contact Chambers to seek any amendment to the schedule.
Your settlement letter should reiterate the history (including dates) of all prior demands/offers made in the case, if any. The Court may reject letters that do not comply with this rule.
Settlement positions must be compromised from prior positions; compromise must be monetary, not just removal of non-monetary terms.
Court's wording
The number in a party’s letter must not merely reiterate a demand/offer made in the past, but it must be compromised from that prior position; the compromise must be monetary, not just the removal of a non-monetary term.
Settlement demands/offers must be realistic and compromise from prior positions; punitive damages excluded from demands.
Court's wording
Plaintiffs are directed to include a demand that is not what plaintiff expects to win at trial, but a number that takes into account the risk of loss. If a demand includes multiple components, plaintiffs are directed to include a single lump-sum settlement demand amount, and a breakdown of any itemized amounts, including attorneys’ fees. Punitive damages are not appropriate to include in a settlement demand; a plaintiff may note they would seek punitive damages at trial, but that amount is not to be included as part of the demand during the settlement process. Similarly, defendants are expected to offer a number that does not assume zero liability. The Court views both a full-win demand and a zero offer as non-starting bargaining positions; these are not acceptable positions for a settlement letter.
Parties must be willing to negotiate from their written settlement positions; no standing on initial demands/offers.
Court's wording
The parties also must be prepared to further negotiate from their written demands or offers. In other words, a party may not stand upon the demand or offer included in its written submissions to the Court but must be willing to meaningfully compromise from that position after submitting it. If there is no willingness to negotiate, there is no work for the mediator to perform.
If a party does not speak English, that party is responsible for an interpreter for the duration of the settlement conference.
- Document
- Settlement conference
Include
- •Interpreter
Having a client with authority available by telephone is not an acceptable alternative.
Please note: the interpreter must be able to translate word for word (real-time) during the settlement conference.
Uninsured corporate parties must bring authorized representative with settlement authority.
Court's wording
An uninsured corporate party shall appear by a representative authorized to negotiate, and who has authority to settle the matter up to the amount of the opposing parties’ existing settlement demand or offer.
Parties with ultimate settlement authority must be personally present absent explicit advance approval from Judge Holleb Hotaling.
Insured parties must bring insurer representative with settlement authority.
Court's wording
An insured party shall appear with a representative of the insurer who is authorized to negotiate, and who has authority to settle the matter up to the limits of the opposing parties’ existing settlement demand.
Final Pretrial Order must be submitted 14 days before trial date.
Court's wording
The parties shall jointly prepare and submit a Final Pretrial Order with the below-listed items to Judge Holleb Hotaling’s courtroom deputy or to Chambers no later than fourteen (14) days prior to the trial date.
Motions in limine are not favored and should be used sparingly. Judge Holleb Hotaling discourages the filing of “boilerplate” motions in limine or motions that address matters not in dispute.
Settlement conferences may be in-person, virtual (Cisco WebEx), or hybrid; details in conference order.
Court's wording
Depending upon the circumstances of the case, Judge Holleb Hotaling holds settlement conferences in one of the following formats: (1) in-person; (2) virtually via Cisco WebEx videoconference, or (3) hybrid (some participants appear in-person and others appear virtually). Counsel should consult the order setting the settlement conference for details and see
Settlement statements are inadmissible in discovery and trial.
Court's wording
Statements made by any party in their settlement communications and during the settlement conference are not to be used in discovery and will not be admissible at trial as set forth in Local Rule 83.5 and Federal Rule of Evidence 408.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies of settlement letters are not routinely accepted.
The Court does not routinely accept courtesy copies of settlement letters but will notify you if a paper copy is necessary.
Civil cases
Page 3 | PRESETTLEMENT CONFERENCE DEMAND AND OFFER
Pre-Motion Conference Requirements
Rule 37 meet-and-confer required before filing motions in limine.
Prior to filing any motions in limine, the parties are to have a Rule 37 meet-and-confer concerning the same; if that process results in agreement that certain matters are admissible or inadmissible, that agreement should be memorialized in a stipulation to be provided to Judge Holleb Hotaling in the Final Pretrial Order or at the final pretrial conference.
Adjournment & Extension Requirements
Motions in limine must be filed 21 days before trial; responses due 14 days before trial.
Unless the Court affirmatively sets a different schedule, motions in limine shall be filed no later than twenty-one (21) days before trial and responses no later than fourteen (14) days before trial.
Requests for expedited transcripts must be made 7 days before trial.
Any requests for daily or other expedited transcripts and real-time reporting must be made at least seven (7) days prior to trial so that an appropriate court reporter can be assigned to the trial.
Daubert motions must be filed 60 days before trial unless court sets different schedule.
Unless the Court affirmatively sets a different schedule, any Daubert motions are to be filed no later than sixty (60) days prior to trial.
Chambers Communication Rules
Final pretrial conference held 10 days before trial; lead counsel must attend.
A final pretrial conference will be held approximately ten (10) days prior to trial. The purpose of this conference shall be to avoid surprises and to simplify the trial. At the conference, Judge Holleb Hotaling will address pending motions in limine, objections to witnesses and exhibits, and contested jury instructions, and will discuss trial procedures and scheduling. Lead trial counsel fully prepared and with authority to discuss all aspects of the case must attend.
On occasion, the exchange of settlement letters will lead directly to a settlement. If it does, the parties are to notify the Court as soon possible so we may attempt to schedule another case in your time slot. Similarly, if the parties must reschedule, or have concluded that a settlement conference is not necessary or helpful at this time, they should inform Chambers as soon as possible.
On occasion, the exchange of settlement letters will lead directly to a settlement. If it does, the parties are to notify the Court as soon possible so we may attempt to schedule another case in your time slot. Similarly, if the parties must reschedule, or have concluded that a settlement conference is not necessary or helpful at this time, they should inform Chambers as soon as possible.
Civil cases
Page 5 | SETTLEMENT LETTER REQUIREMENTS
Court conducts ex parte communications about settlement letters; telephonic communications docketed, email follow-ups may not be.
As part of the pre-settlement process, the Court frequently conducts ex parte conversations with any party about the issues raised in its letter or the productivity of any settlement conference. The Court typically notifies counsel before beginning ex parte communications, begins such communications with ex parte telephone calls with both sides, and makes a docket entry to reflect each telephonic communication. The Court will not necessarily make a docket entry for each follow-up ex parte email communication.
Civil cases
Page 5 | SETTLEMENT LETTER REQUIREMENTS
Junior Lawyer Participation Incentives
Junior lawyers are encouraged to substantively participate in settlement conferences.
The Court encourages parties and counsel to consider providing opportunities to junior lawyers to substantively participate in the settlement conference.
Civil cases