Kirk, yes a confidential mediation conference statement has to be delivered by each party directly to Judge Nuffer by 2:00pm Wednesday. It should include:

1. A forthright evaluation of the party’s likelihood of prevailing on the claims and defenses;

2. An estimate of the cost and time to be expended for further discovery, pretrial and trial;

3. Identification of any discrete issues which, if resolved, would aid in the settlement of the case; and

4. The party's position on settlement, including present demands and offers and history of past settlement discussions, offers and demands.

What I said about us possibly not knowing what the settlement terms are (if there is a settlement) was based on this paragraph of Doc 303:

Confidentiality: No report of proceedings, including any statement made by a party, attorney, or other participants, in the settlement conference may be reported, recorded, placed in evidence, made known to the trial court or jury, or construed for any purpose as an admission unless otherwise discoverable.

After re-reading, this confidentiality statement looks to only be relevant if there is no settlement reached, and the Court doesn't want a jury to know anything about what was discussed at the settlement conference. Thanks for straightening me out!