“It does not mean that the representative is only authorized to negotiate to a certain point,” said Judge Kennedy in her order on Tuesday.
She said the IPI representative must be able to make an immediate decision about settlement without having to obtain permission to respond to settlement offers or consult with a person or an entity not participating in the conference.
“The purpose of having a representative with full authority is to facilitate compromise and resolution in an efficient manner to maximize the time spent by the court and the parties in settlement negotiations,” the judge said.
She noted that during the initial settlement conference in the case and other similar cases before the court, “it appears that IPI’s representatives may have lacked full, meaningful settlement authority.”
To ensure that the settlement conference is productive, the judge requires IPI to send a representative with full settlement authority.
She also requires IPI to file at least one day before the scheduled settlement conference a notice of compliance, supported by a declaration under the penalty of perjury, that the corporate representative who will attend the settlement conference has full settlement authority.
If a corporate representative with full settlement authority is not physically present on Saipan, Judge Kennedy said the court will consider appearance by video or telephone.
She said the U.S. Equal Employment Opportunity Commission has previously appeared by video with full meaningful settlement authority and is expected to do so again at the next conference.
A settlement conference is scheduled for Jan. 27, 2021 at 9 a.m.
In September 2019, in federal court, EEOC sued IPI for sexual harassment and unfair employment practices on behalf of Shirlene Loh, a VIP hostess, and other similarly aggrieved female employees.
IPI has denied all the allegations or inference in the complaint that it has engaged in any unlawful employment practices.
IPI has asked the court to rule in its favor and dismiss the complaint with prejudice.
The jury trial is scheduled to begin on Sept. 28, 2021.
