Daubert v. Lindsay Unified School District

Filing 29

ORDER Requiring Confidential Settlement Conference Statements by August 4, 2010. Settlement Conference hearing date: August 10, 2010 at 10:00 am, Courtroom 7 before Judge Snyder. signed by Magistrate Judge Sandra M. Snyder on 7/19/2010. (Herman, H)

Daubert v. Lindsay Unified School District

Doc. 29

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Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements are subject to approval by legislative bodies, executive committees, boards of directors, or the like, shall be represented by a person or persons who occupy high executive positions in the party organization, and who will be directly
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

TIMOTHY S. DAUBERT, Plaintiff, vs. [CITY OF] LINDSAY [USD], Defendant.

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1:09-cv-01270-AWI-GSA 1:09-cv-01338-GSA 1:09-cv-01463-GSA 1:10-cv-00015-GSA 1:10-cv-00016-GSA O R D E R REQUIRING CONFIDENTIAL S E T T L E M E N T CONFERENCE S T A T E M E N T S BY AUGUST 4, 2010 Settlement Conference Date: 8/10/10, 10:00am, Ctrm. 7/SMS

In light of the Minute Order(s) setting a Settlement Conference for August 10, 2010 at 10:00 a.m. in Courtroom No. 7 on the Sixth Floor before the Honorable Sandra M. Snyder, United States Magistrate Judge, it is hereby ORDERED that: Unless otherwise permitted in advance by Judge Snyder, the attorney(s) who will try the case shall personally appear at the Settlement Conference with the parties and the person or persons having full authority to negotiate and settle the case on any terms1 at the conference.

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Dockets.Justia.com

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Permission for a party [not attorney] to attend by telephone may be granted by Judge Snyder upon request, by letter, with a copy to the other parties, IF the party lives and works outside the Eastern District of California, AND attendance in person would constitute a hardship. If telephone attendance is allowed, the

party must be immediately available throughout the conference, until excused, regardless of time zone differences. Any other

special arrangements desired in cases where settlement authority rests with a governing body shall also be proposed, in advance, by letter, and copied to all other parties. CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT NOTICE IS HEREBY GIVEN that a Confidential Settlement Conference Statement is MANDATORY, and must be submitted to Judge Snyder's chambers by August 4, 2010. Plaintiff should mail his

Statement to Judge Snyder's chambers as follows: Honorable Sandra M. Snyder United States Magistrate Judge ROBERT E. COYLE U.S. COURTHOUSE 2500 Tulare Street, Suite 1501 Fresno, CA 93721 CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT ENCLOSED Defendant should e-mail their Statement to
[e-mail].

Failure to so comply may result in the imposition of monetary and/or other sanctions. The Statement should not be filed with the Clerk's Office nor served on any other party, although the parties may file a Notice
involved in the process of approval of any settlement offers or agreements. To the extent possible, the representative shall have the authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party's most recent demand.

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of Lodging Confidential Settlement Conference Statement.

Each

Statement shall be clearly marked "Confidential" with the date and time of the Settlement Conference indicated prominently thereon. The parties are urged to request the return of their Statements if settlement is not achieved and, if such a request is not made, the Court will dispose of the Statement. The Confidential Settlement Conference Statement shall include the following: A. B. A brief statement of the facts of the case. A brief statement of the claims and defenses, i.e.,

statutory or other grounds upon which the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on the claims and defenses; and, a description of the major issues in dispute. C. D. A summary of the proceedings to date. An estimate of the cost and time to be expended for

further discovery, pretrial, and trial. E. F. The relief sought. The party's position on settlement, including present

demands and offers, and a history of past settlement discussions, offers, and demands. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE IMPOSITION OF SANCTIONS. IT IS SO ORDERED. Dated: icido3 July 19, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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