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Many Federal Judges require a written settlement statement prior to the date of a scheduling conference, below is an example from the Illinois bus accident case wherein a pedestrian was struck by the bus and sustained a head injury.

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SETTLEMENT STATEMENT OF
BENJAMIN SANSONE, ATTORNEY FOR BRIAN LEHNEN

             This Settlement Statement is submitted ex parte pursuant to Order of the Court and shall not become a part of the official court file.  Neither this statement nor communication during the settlement conference can be used by any party in the trial of the case.  This statement should not exceed five (5) pages in length.

Your position or interpretation of the factual issues:

             Plaintiff was crossing a rest stop through lane when struck by a bus operated by defendant’s employee.  Defendant’s driver was negligent as he was operating the bus at a high rate of speed, failed to keep a proper lookout, and failed to avoid the collision.  Additionally, Defendant admittedly operated a vehicle that was not functioning properly as the air pressure system dropped below 100 PSI causing the wiper blades and the brakes to malfunction.      

Your position as to the issues of law:

Issues are of liability and damages; legal issues will primarily be evidentiary.   

 Name of Trial Attorney:

 Benjamin Sansone

Name of person with ultimate settlement authority who will be present at the Settlement Conference.  If insurance is involved, include name of carrier and name of its representative with unrestricted authority:

Benjamin Sansone, attorney for Plaintiff.

Nature of relief requested:

             $250,000

 Nature and extent of injuries, if applicable:

Plaintiff suffered severe injury to his head, including a depressed skull fracture to his left forehead below the hairline.  Additionally, Plaintiff was diagnosed with epidural hematoma.  Plaintiff has suffered a severe injury to his head which has left hi physically and mentally scarred.  Plaintiff has a permanent disfigurement and ongoing cognitive problems.    

Outline of your discovery plan including your estimate of the total number of your discovery plan including your estimate of the total number of depositions you expect to take:

The majority of discovery has been completed.  Plaintiff expects to take the video deposition of a fact witness on February 20, 2006 and anticipates the Defendant is going to call the deposition of other fact witnesses.  Plaintiff will also take the deposition of the Plaintiff’s primary care physician. 

Nature and extent of discovery completed to date:

             Written discovery is complete as well as the depositions of the parties and several medical providers. 

Your estimate of the total expenses to your client to the present and through trial including (a) legal fees, (b) travel expenses, (c) expert witness fees and expenses, (d) cost of deposition transcripts, (e) witness fees, and (f) any other foreseeable miscellaneous expenses:

 Currently expenses are approximately $5,000; Plaintiff anticipates expenses to be between $10,000 and $15,000 if this matter proceeds through trial.  Attorney fees are based on a contingent contract.

Summarize settlement discussion you have had with opposing party including demands and offers:

 
            No demands, no offers. 

Date of last settlement discussion______n/a______.

 DATED:  2/5/2006