Hernandez v. Yates et al

Filing 94

ORDER re SETTLEMENT CONFERENCE. Order signed by Magistrate Judge Sheila K. Oberto on 8/30/2016. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY HERNANDEZ,

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Plaintiff,

JAMES YATES, et al.,
Defendants.

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ORDER re SETTLEMENT CONFERENCE

v.

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Case No. 1:10-cv-01064 SAB

_____________________________________/

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This case is set for a Settlement Conference before Magistrate Judge Sheila K. Oberto on

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September 22, 2016, 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

21 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

24 parties exchange written settlement proposals. By no later than September 7, 2016, Plaintiff shall
25 submit a written itemization of damages and settlement demand to defense counsel with a brief
26 summary of the legal and factual basis supporting the demand. By no later than September 14,
27 2016, defense counsel shall submit a written offer to plaintiff with a brief summary of the legal
28 and factual basis supporting the offer.

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2.

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Plaintiff shall mail his Confidential Settlement Conference (Settlement Statement) to U.S.

Submission and Content of Confidential Settlement Conference Statements

3 District Court, Attn: Chambers of Judge Oberto, 2500 Tulare Street, Room 1501, Fresno, CA
4 93721. Defense counsel shall e-mail their Confidential Settlement Conference Statement
5 (Settlement Statement) to the following email address: [e-mail]. All
6 Settlement Statements are to be received by the Court by no later than September 15, 2016.
7 Counsel shall file a Notice of Submission of Confidential Settlement Conference Statement (See
8 L.R. 270 (d)).
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If the Settlement Conference is continued for any reason, each party must submit a new

10 Settlement Statement that is complete in itself, without reference to any prior Settlement
11 Statements.
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Settlement Statements must be typed and double spaced. Each Settlement Statement shall

13 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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The nature of the relief sought.

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.
f.

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 authority

Attendance of Trial Counsel and Parties Required

3 are required to personally attend the conference. It is difficult for a party who is not present to
4 appreciate the process and the reasons that may justify a change in one’s perspective toward
5 settlement. Accordingly, having a client with authority available by telephone is not an acceptable
6 alternative, except under the most extenuating circumstances.2
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The Court expects the parties and the party representatives to be fully prepared to

8 participate. The Court encourages all parties to keep an open mind in order to reassess their
9 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.

g.

Whether settlement or further litigation better enables the accomplishment

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of their respective goals.

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h.

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5.

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Any possibilities for a creative resolution of the dispute.

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
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//

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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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1 settlement conference are not to be used in discovery and will not be admissible at trial.
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IT IS SO ORDERED.

4 Dated:
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August 30, 2016

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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