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http://www.rockymountainnews.com/drmn/state/article/0,1299,DRMN_21_3342459,0
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"(T)he parties hereby certify that they have discussed the possibilities for
a prompt settlement or resolution of the case by alternative dispute
resolution," the lawyers said in a court document they submitted this week
to Colorado U.S. District Judge Richard Matsch.
They had to say that, according to Denver lawyer Scott Robinson.
A formal statement about settlement possibilities is required by federal
court rules. Technically, the lawyers could have told Matsch that they and
their clients found the mere thought of settlement abhorrent because their
principles and honor are at stake.
Realistically, such an answer would get them in too much hot water with the
judge, Robinson said.
"It's an option that will bring the wrath of judge down upon the miscreant
parties in any case in which monetary damages is the ultimate verdict
sought," Robinson said.
"Personal injury cases, when all the dust is settled, are about money, and
no federal court judge is going to countenance a plaintiff or a defendant
abjectly refusing to come to the settlement table," he said. "It's not an
acceptable option."
Bryant's lawyers told Matsch that the basketball star would be willing to
try mediation before the woman's lawyers take his deposition.
Lawyers for the woman, Katelyn Faber of Eagle, said she'd rather try
mediation after they take Bryant's deposition.
"Whether it's posturing or not, the plaintiff's lawyers are taking the
position that they don't want to talk turkey before they have a chance to
take Kobe Bryant's deposition," Robinson said, "while the defense is doing
what the defense is supposed to do: attempt to reduce the costs of
litigation to their client by exploring settlement before spending a lot of
time and money on depositions."
Lin Wood of Atlanta, a lawyer for Faber, said Bryant's lawyers are scheduled
to take her deposition - answers under oath to questions posed by the
lawyers - on Feb. 1. He said this week that no date had been set for Faber's
lawyers to question Bryant under oath, but early December was being
discussed.
Denver lawyer Craig Silverman, who has followed the case, said the
disagreement about when mediation might occur is a sign that Bryant's
deposition would be "a pressure point" for him.
"She's already testified, so it's not that big a deal for her," Silverman
said. "Kobe Bryant has never testified. That's a big deal."
"His deposition is going to be very uncomfortable for him, because he's
going to be asked, at a minimum, about alleged encounters with other women,"
Silverman said. "It's all about turning up the pressure on Kobe Bryant."
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