Counsel:

This document will serve as the instructions for participation in a remote settlement conference before Magistrate Judge Susan Cox. Counsel shall review Judge Cox’s Standing Order on Settlement Conferences, most of which remains applicable in remote conferences and is available on Judge Cox’s website. Judge Cox uses Microsoft Teams to conduct remote settlement conferences. Please read and follow the steps below. If you have any questions, please contact one of Judge Cox’s law clerks, Kelly Fox (Kelly_Fox@ilnd.uscourts.gov) or Mike La Mare (Michael_La_Mare@ilnd.uscourts.gov).

STEP 1 – Provide Contact Information

Please reply to the email containing these instructions with the email addresses that each of the parties and counsel will use to access the Microsoft Teams meeting. Please indicate whether you are providing contact information for Plaintiff or Defendant. This will allow Judge Cox’s staff to send out calendar invitations to the settlement conference. Please let Judge Cox’s staff know how many separate rooms the parties will need for the settlement conference. Most settlement conferences will only require two rooms (i.e., one for the Plaintiff(s) and one for the Defendant(s)), but some may require additional rooms. For example, if there are co-defendants or third-party defendants that need a separate room, we will need to know that ahead of time when sending out the invitations to the settlement conference.

STEP 2 – Download Any Required Software (Mobile Devices Only)

It is not necessary to have a Microsoft Teams account to participate in a Teams video conference meeting. However, the Court strongly recommends downloading the Microsoft Teams software/app, as this will make for a better and smoother connection, regardless of the device being used. If participants are accessing the meeting by laptop or desktop computer, they may join via web browser without downloading or installing any software. If participants are accessing the meeting with a mobile device (cellphone, tablet, etc.), the participant will be required to download the Microsoft Teams app, which is accessible for free in most smartphones’ app store.

STEP 3 – Testing Your Technology with Judge Cox’s Staff

The day of the settlement conference, everyone participating in the conference is required to sign in 10 minutes before the conference to ensure everyone’s technology (i.e., audio and video) is working properly. No need to sign in earlier than this, as you may experience audio/video problems if you sign on before the host, and you will be asked to sign off and reconnect.

STEP 4 – Signing on to a Conference

• From a desktop/laptop computer: open the email with the invitation and click the link labeled “Join Microsoft Teams Meeting.” When the window pops up, choose the bar on the right that says “Join on the Web Instead.” When the video window appears, click “Join Now.” You are now connected to the conference. Check that your camera and microphone are turned on by hovering your cursor over the middle of the video window and checking that the icons do not have a slash line through them. If they do, simply click the icon to enable them.

   

• From a mobile device: open the email with the invitation and click the link labeled “Join Microsoft Teams Meeting.”  If you have not already installed the Microsoft Teams app at this point, you will be prompted to do so. Please download and install the Microsoft Teams app and continue with these instructions. If you have already installed the app, click “Join as a Guest” (if you already have a Microsoft Teams account, you may choose to sign in with your account, but it is not necessary to do so). You will be prompted to enter your name so that it appears on screen when you are speaking; do so, and then click “Join Meeting.” You may need to wait for the host to join the call to be admitted to the virtual room if the host has not joined the meeting yet. If you are waiting for the host, check that your camera and microphone are turned on by tapping the video window and checking that the icons do not have a slash line through them. If they do, simply tap the icon to enable them.

STEP 5 – Participating in the Conference

Judge Cox has recently dispensed with joint sessions before entering break-out sessions with individual parties, and will continue this practice during remote settlement conferences. Each party and their counsel will receive two Microsoft Teams settlement conference invitations. One invitation will be for the parties’ respective break-out rooms, labeled something akin to “Plaintiff’s Room” or “Defendant’s Room.” The parties and their counsel should join this meeting using the instructions in Step 4 above. Judge Cox will start by entering the Plaintiff’s room, and then move between the two break-out rooms until the parties reach an agreement or the allotted time for the settlement conference has expired. It is NOT necessary for counsel and clients to be physically present in the same location during the settlement conference; counsel and clients will be able to communicate confidentially with each other when Judge Cox and her staff are in the other break-out session. Anyone participating virtually should ensure they are in a quiet location free from background noise, where they can fully participate in the conference (i.e., the participant should not be driving, in a waiting room, or have children or others in the background); treat the obligation of this virtual settlement conference as seriously as if you had to appear in person. Please mute your microphone when you are not speaking to reduce sound interference for everyone during the conference.

The second invitation will be for the “Term Sheet Room.” This meeting will only be necessary if the parties are able to reach an agreement on settlement terms, and should not be joined until an agreement is reached. If appropriate, Judge Cox will tell the parties and counsel to join the Term Sheet Room meeting. From there, Judge Cox and her staff will go through a Term Sheet memorializing the settlement agreement. When it is completed, Judge Cox will circulate a final version of the term sheet for review and signature. If the parties and counsel lack the ability to e-sign or sign and scan the term sheet into a pdf, an email containing assent to the terms of the agreement will be sufficient.