United States of America v. Approximately $18,289.25 in U.S. Currency Seized From Wells Fargo Bank Account Number 6656258958, Held In The Name of Wong Corporation DBA W. Food and Liquor

Filing 29

ORDER re SETTLEMENT CONFERENCE signed by Magistrate Judge Sheila K. Oberto on 8/18/2011. (Timken, A)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 UNITED STATES OF AMERICA, 5 6 7 8 9 CASE NO. 1:09-cv-01788 OWW SKO Plaintiff, ORDER re SETTLEMENT CONFERENCE v. APPROXIMATELY $18,289.25 IN U.S. CURRENCY SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 6656258958, HELD IN THE NAME OF WONG CORPORATION dba W. FOOD AND LIQUOR, 10 Defendant. 11 12 / This case is set for a Settlement Conference before Magistrate Judge Sheila K. Oberto on 13 September 7, 2011, at 10:30 a.m. at the U. S. District Court, 2500 Tulare Street, Fresno, 14 California, 93721. 15 16 Consideration of settlement is a serious matter that requires thorough preparation prior to the settlement conference. Accordingly, IT IS HEREBY ORDERED that: 17 1. 18 A settlement conference is more likely to be productive if, before the conference, the Pre-settlement Conference Exchange of Demand and Offer 19 parties exchange written settlement proposals. Accordingly, at least fifteen (15) days prior to the 20 settlement conference, plaintiff’s counsel shall submit a written itemization of damages and 21 settlement demand to each defense counsel with a brief summary of the legal and factual basis 22 supporting the demand. No later than ten (10) days prior to the settlement conference, each 23 defense counsel shall submit a written offer to plaintiff’s counsel with a brief summary of the 24 legal and factual basis supporting the offer. 25 2. 26 The parties are to send Confidential Settlement Conference Statements (Settlement Submission and Content of Confidential Settlement Conference Statements 1 1 Statement) to the following email address: SKOorders@caed.uscourts.gov, to arrive no later 2 than five (5) business days before the conference. Additionally, each party shall file a Notice of 3 Submission of Confidential Settlement Conference Statement (See L.R. 270 (d)). 4 If the Settlement Conference is continued for any reason, each party must submit a new 5 Settlement Statement that is complete in itself, without reference to any prior Settlement 6 Statements. 7 8 Settlement Statements must be typed and double spaced. Each Settlement Statement shall include the following: 9 a. A brief summary of the core facts, allegations, and defenses. 10 b. A summary of the proceedings to date. 11 c. An estimate of the cost and time to be expended for further discovery, 12 pretrial, and trial. 13 d. The nature of the relief sought. 14 e. An outline of past settlement efforts including information regarding the 15 "Pre-settlement Conference Exchange of Demand and Offer" required 16 above (including the itemization of damages), and a history of past 17 settlement discussions, offers, and demands. 18 f. 19 A statement of each party’s expectations and goals for the Settlement Conference. 20 3. 21 The attorneys who will try the case and parties with full and complete settlement 22 authority are required to personally attend the conference. An insured party shall appear by a 23 representative of the insurer who is authorized to negotiate, and who has authority to settle the 24 matter up to the limits of the opposing parties’ existing settlement demand. An uninsured 25 corporate party shall appear by a representative authorized to negotiate, and who has authority to 26 settle the matter up to the amount of the opposing parties’ existing settlement demand or offer. Attendance of Trial Counsel and Parties Required 2 1 It is difficult for a party who is not present to appreciate the process and the reasons that may 2 justify a change in one’s perspective toward settlement. Accordingly, having a client with 3 authority available by telephone is not an acceptable alternative, except under the most 4 extenuating circumstances.1 5 The Court expects both the lawyers and the party representatives to be fully prepared to 6 participate. The Court encourages all parties to keep an open mind in order to reassess their 7 previous positions and to discover creative means for resolving the dispute. 8 4. 9 The parties shall be prepared to discuss the following at the settlement conference: 10 Issues to Be Discussed a. 11 Goals in the litigation and problems they would like to address in the settlement conference and understanding of the opposing side’s goals. 12 b. The issues (in and outside the lawsuit) that need to be resolved. 13 c. The strengths and weaknesses of their case. 14 d. Their understanding of the opposing side’s view of the case. 15 e. Their points of agreement and disagreement (factual and legal). 16 f. Any financial, emotional, and/or legal impediments to settlement. 17 g. Whether settlement or further litigation better enables the accomplishment 18 of their respective goals. 19 h. 20 /// 21 /// 22 /// 23 /// 24 Any possibilities for a creative resolution of the dispute. /// 25 1 26 Out of town or out of state travel and the purchase of an airplane ticket are not extenuating circumstances. 3 1 5. Statements Inadmissible 2 The parties are expected to address each other with courtesy and respect, and are 3 encouraged to be frank and open in their discussions. Statements made by any party during the 4 settlement conference are not to be used in discovery and will not be admissible at trial. 5 IT IS SO ORDERED. 6 Dated: August 18, 2011 /s/ Sheila K. Oberto 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4

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