Mora v. Harley-Davidson Credit Corp.

Filing 126

ORDER (re 125 Stipulation) Continuing Filing Date for Joint Motion for Preliminary Approval of Class Action Settlement; SETTING Settlement Conference: (1) deadline to file joint motion for preliminary approval of class action settlement by 6/10/2013. (2) SETTLEMENT CONFERENCE Hearing is set for June 11, 2013 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 4/1/2013. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS MANUEL MORA, individually, and
on behalf of the class,

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Plaintiff,
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vs.
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HARLEY-DAVIDSON CREDIT CORP., a )
corporation; and DOES 1 through 10,
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inclusive,
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Defendants.
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Case No.: 1:08-CV-01453-AWI-BAM
ORDER CONTINUING FILING DATE
FOR JOINT MOTION FOR
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT; SETTING
SETTLEMENT CONFERENCE

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Having considered the parties’ stipulation and request to continue the deadline to file their

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joint motion for preliminary approval of class action settlement, as well as the parties’ request to set

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a settlement conference (Doc. 125), the Court issues the following order:

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1.

The deadline to file the joint motion for preliminary approval of class action

settlement shall be on or before June 10, 2013;
2.

If the parties fail to file their joint motion for preliminary approval of class action

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settlement, a Settlement Conference will be held on June 11, 2013, at 9:30 a.m. in Courtroom 8

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before Magistrate Judge Barbara A. McAuliffe. Unless otherwise permitted in advance by the

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Court, the attorneys who will try the case shall appear at the settlement conference with the parties

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and the person or persons having full authority to negotiate and settle the case, on any terms, at the

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conference.

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No later than seven days prior to the settlement conference, each party shall submit

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directly to Judge McAuliffe’s chambers at [e-mail], a confidential settlement

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conference statement. This statement should neither be filed with the clerk of the Court nor served

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on any other party. Each statement shall be clearly marked “CONFIDENTIAL” with the date and

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time of the mandatory settlement conference indicated prominently. Counsel are urged to request

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the return of their statements. If such request is not made, the Court will dispose of the statement.

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The confidential settlement conference statement shall include the following:

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A.

A brief statement of the facts of the case;

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B.

A brief statement of the claims and defenses (i.e., statutory or other grounds upon

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which the claims or defenses are based), a forthright evaluation of the parties’

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likelihood of prevailing on the claims and defenses, a description of the major issues

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in dispute, including the terms of the settlement agreement in dispute;

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C.

A summary of the proceedings to date;

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D.

An estimate of the cost and time to be expended for further pretrial and trial matters,

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including discovery;

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E.

The relief sought; and

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F.

The party’s position on settlement, including the amount which the party will

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accept to settle, realistic settlement expectations, present demands and offers, and

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a history of past settlement discussions, offers, and demands.

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This Court will vacate the settlement conference if the Court finds the settlement conference

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will be neither productive nor meaningful to attempt to resolve all or part of this case. As far in

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advance of the settlement conference as possible, a party shall inform the Court and other parties that

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it believes the case is not in a settlement posture so the Court may vacate or reset the settlement

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conference. Otherwise the parties shall proceed with the settlement conference in good faith to

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attempt to resolve all or part of the case.

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IT IS SO ORDERED.
Dated:
10c20k

April 1, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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