McNally et al v. Eye Dog Foundation for the Blind, Inc. et al
Filing
142
ORDER re SETTLEMENT CONFERENCE signed by Magistrate Judge Sheila K. Oberto on 9/6/2011. (Timken, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MONTRY McNALLY, et.al.,
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CASE NO. 1:09-cv-01184 AWI SKO
Plaintiff,
ORDER re SETTLEMENT CONFERENCE
v.
EYE DOG FOUNDATION FOR THE
BLIND, INC., et.al.,
Defendant.
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This case is set for a Settlement Conference before Magistrate Judge Sheila K. Oberto on
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September 26, 2011, at 10:00 a.m. at the U. S. District Court, 2500 Tulare Street, Fresno,
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California, 93721.
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Consideration of settlement is a serious matter that requires thorough preparation prior to
the settlement conference. Accordingly, IT IS HEREBY ORDERED that:
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1.
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A settlement conference is more likely to be productive if, before the conference, the
Pre-settlement Conference Exchange of Demand and Offer
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parties exchange written settlement proposals. Accordingly, at least fifteen (15) days prior to the
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settlement conference, plaintiff’s counsel shall submit a written itemization of damages and
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settlement demand to each defense counsel with a brief summary of the legal and factual basis
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supporting the demand. No later than ten (10) days prior to the settlement conference, each
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defense counsel shall submit a written offer to plaintiff’s counsel with a brief summary of the
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legal and factual basis supporting the offer.
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2.
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The parties are to send Confidential Settlement Conference Statements (Settlement
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Statement) to the following email address: SKOorders@caed.uscourts.gov, to arrive no later than
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five (5) business days before the conference. Additionally, each party shall file a Notice of
Submission and Content of Confidential Settlement Conference Statements
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Submission of Confidential Settlement Conference Statement (See L.R. 270 (d)).
If the Settlement Conference is continued for any reason, each party must submit a new
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Settlement Statement that is complete in itself, without reference to any prior Settlement
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Statements.
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Settlement Statements must be typed and double spaced. Each Settlement Statement
shall include the following:
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a.
A brief summary of the core facts, allegations, and defenses.
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b.
A summary of the proceedings to date.
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c.
An estimate of the cost and time to be expended for further discovery,
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pretrial, and trial.
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d.
The nature of the relief sought.
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e.
An outline of past settlement efforts including information regarding the
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"Pre-settlement Conference Exchange of Demand and Offer" required
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above (including the itemization of damages), and a history of past
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settlement discussions, offers, and demands.
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f.
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A statement of each party’s expectations and goals for the Settlement
Conference.
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3.
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The attorneys who will try the case and parties with full and complete settlement
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authority are required to personally attend the conference. An insured party shall appear by a
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representative of the insurer who is authorized to negotiate, and who has authority to settle the
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matter up to the limits of the opposing parties’ existing settlement demand. An uninsured
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corporate party shall appear by a representative authorized to negotiate, and who has authority to
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settle the matter up to the amount of the opposing parties’ existing settlement demand or offer.
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It is difficult for a party who is not present to appreciate the process and the reasons that may
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justify a change in one’s perspective toward settlement. Accordingly, having a client with
Attendance of Trial Counsel and Parties Required
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authority available by telephone is not an acceptable alternative, except under the most
extenuating circumstances.1
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The Court expects both the lawyers and the party representatives to be fully prepared to
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participate. The Court encourages all parties to keep an open mind in order to reassess their
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previous positions and to discover creative means for resolving the dispute.
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4.
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The parties shall be prepared to discuss the following at the settlement conference:
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Issues to Be Discussed
a.
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Goals in the litigation and problems they would like to address in the
settlement conference and understanding of the opposing side’s goals.
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b.
The issues (in and outside the lawsuit) that need to be resolved.
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c.
The strengths and weaknesses of their case.
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d.
Their understanding of the opposing side’s view of the case.
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e.
Their points of agreement and disagreement (factual and legal).
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f.
Any financial, emotional, and/or legal impediments to settlement.
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g.
Whether settlement or further litigation better enables the accomplishment
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of their respective goals.
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h.
Any possibilities for a creative resolution of the dispute.
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5.
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The parties are expected to address each other with courtesy and respect, and are
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encouraged to be frank and open in their discussions. Statements made by any party during the
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settlement conference are not to be used in discovery and will not be admissible at trial.
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IT IS SO ORDERED.
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Dated:
Statements Inadmissible
September 6, 2011
/s/ Sheila K. Oberto
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UNITED STATES MAGISTRATE JUDGE
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Out of town or out of state travel and the purchase of an airplane ticket are not
extenuating circumstances.
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