Horton v. Sierra Conservation Center et al
Filing
56
ORDER RE SETTLEMENT CONFERENCE signed by Magistrate Judge Sheila K. Oberto on 1/26/2012. (Rooney, M)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOHN D. HORTON,
CASE NO. 1:09-CV-01441 SMS
ORDER re SETTLEMENT CONFERENCE
Plaintiff,
v.
SIERRA CONSERVATION CENTER,
CALIFORNIA DEPARTMENT
OF CORRECTIONS,
Defendants.
/
This case is set for a Settlement Conference before Magistrate Judge Sheila K. Oberto on
February 16, 2012, at 10:30 a.m., at the U. S. District Court, 2500 Tulare Street, Fresno,
California, 93721.
Consideration of settlement is a serious matter that requires thorough preparation prior to
the settlement conference. Accordingly, IT IS HEREBY ORDERED that:
1.
Pre-settlement Conference Exchange of Demand and Offer
A settlement conference is more likely to be productive if, before the conference, the
parties exchange written settlement proposals. Accordingly, at least fifteen (15) days prior to the
settlement conference, plaintiff’s counsel shall submit a written itemization of damages and
settlement demand to each defense counsel with a brief summary of the legal and factual basis
supporting the demand. No later than ten (10) days prior to the settlement conference, each
defense counsel shall submit a written offer to plaintiff’s counsel with a brief summary of the
legal and factual basis supporting the offer.
2.
Submission and Content of Confidential Settlement Conference Statements
The parties are to send Confidential Settlement Conference Statements (Settlement
Statement) to the following email address: SKOorders@caed.uscourts.gov, to arrive no later than
five (5) business days before the conference. Additionally, each party shall file a Notice of
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
Settlement Statement that is complete in itself, without reference to any prior Settlement
Statements.
Settlement Statements must be typed and double spaced. Each Settlement Statement
shall include the following:
a.
A brief summary of the core facts, allegations, and defenses.
b.
A summary of the proceedings to date.
c.
An estimate of the cost and time to be expended for further discovery,
pretrial, and trial.
d.
The nature of the relief sought.
e.
An outline of past settlement efforts including information regarding the
"Pre-settlement Conference Exchange of Demand and Offer" required
above (including the itemization of damages), and a history of past
settlement discussions, offers, and demands.
f.
A statement of each party’s expectations and goals for the Settlement
Conference.
3.
Attendance of Trial Counsel and Parties Required
The attorneys who will try the case and parties with full and complete settlement
authority are required to personally attend the conference. An insured party shall appear by a
representative of the insurer who is authorized to negotiate, and who has authority to settle the
matter up to the limits of the opposing parties’ existing settlement demand. An uninsured
corporate party shall appear by a representative authorized to negotiate, and who has authority to
settle the matter up to the amount of the opposing parties’ existing settlement demand or offer.
It is difficult for a party who is not present to appreciate the process and the reasons that may
justify a change in one’s perspective toward settlement. Accordingly, having a client with
authority available by telephone is not an acceptable alternative, except under the most
extenuating circumstances.1
The Court expects both the lawyers and the party representatives to be fully prepared to
participate. The Court encourages all parties to keep an open mind in order to reassess their
previous positions and to discover creative means for resolving the dispute.
4.
Issues to Be Discussed
The parties shall be prepared to discuss the following at the settlement conference:
a.
Goals in the litigation and problems they would like to address in the
settlement conference and understanding of the opposing side’s goals.
b.
The issues (in and outside the lawsuit) that need to be resolved.
c.
The strengths and weaknesses of their case.
d.
Their understanding of the opposing side’s view of the case.
e.
Their points of agreement and disagreement (factual and legal).
f.
Any financial, emotional, and/or legal impediments to settlement.
g.
Whether settlement or further litigation better enables the accomplishment
of their respective goals.
h.
1
Any possibilities for a creative resolution of the dispute.
Out of town or out of state travel and the purchase of an airplane ticket are not
extenuating circumstances.
5.
Statements Inadmissible
The parties are expected to address each other with courtesy and respect, and are
encouraged to be frank and open in their discussions. Statements made by any party during the
settlement conference are not to be used in discovery and will not be admissible at trial.
IT IS SO ORDERED.
Dated:
January 26, 2012
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?