Simmons v. Rite of Passage Athletic Training Centers and Schools et al

Filing 41

ORDER Regarding Settlement Conference Procedures signed by Magistrate Judge Gary S. Austin on 2/28/2012. (Bradley, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN EUGENE SIMMONS,
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Plaintiff,
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v.
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RITE OF PASSAGE ATHLETIC
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TRAINING CENTERS AND SCHOOLS,
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et al.,
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Defendants
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_____________________________________ )

1:10-cv-1331 LJO GSA
ORDER REGARDING SETTLEMENT
CONFERENCE PROCEDURES

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Consideration of settlement is a serious matter that requires thorough preparation prior to
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the settlement conference. Provided below are the procedures this Court will employ when
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conducting the settlement conference scheduled for April 11, 2012, at 10:30 a.m.
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A. Required Pre-Settlement Conference Communications
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A settlement conference is more likely to be productive if the parties have exchanged
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written settlement proposals in advance of the conference. Accordingly, at least twenty-one (21)
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calendar days prior to the settlement conference, plaintiff’s counsel shall submit a written
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itemization of damages and a good faith settlement demand to defendant’s counsel with a brief
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explanation of why the demand is appropriate. Thereafter, but no later than seven (7) calendar
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days prior to the settlement conference, defendant’s counsel shall submit a good faith written

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offer to plaintiff’s counsel with a brief explanation of why the offer is appropriate.

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On occasion, this process will lead directly to a settlement. If settlement is not achieved,

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plaintiff’s counsel shall deliver or fax copies of all settlement proposals along with his/her

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Confidential Settlement Conference Statement to chambers. Copies of these documents are not

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to be filed on the court docket.

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B. Confidential Settlement Conference Statement

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At least four (4) calendar days prior to the settlement conference, the parties shall submit

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the Confidential Settlement Conference Statement to Judge Austin’s chambers via
[e-mail]. This statement shall include the following:
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A list of all elements of each cause of action or affirmative defense pled in

the party’s respective complaint or answer;
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A brief statement identifying those facts that support each cause of action

or affirmative defense;
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A description outlining the factual and legal contentions upon which the

parties agree or disagree;
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A description identifying the impediments to settlement, including

financial, emotional or legal concerns;

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5.

A summary of the settlement attempts to date;

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A statement of the specific relief sought; and

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A statement identifying any third party (i.e., lien holder, etc.) with a legal

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interest in this action.

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C. Attendance

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The attorneys who will try the case shall appear at the settlement conference accompanied

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by the named parties and all persons having authority to negotiate the settlement.1 If appropriate,

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the principal representative shall have approval to settle the action on the terms consistent with the

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opposing party’s most recent demand.

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D. Mediation Format

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A mediation format will be employed during the settlement conference. The lawyers, the

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parties, and all representatives must be fully prepared and will be expected to participate. The

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Court encourages all participants to be flexible and to reassess their previous positions, as well as

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put to forth their best efforts toward reaching a mutually agreeable settlement.

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E. Statements Inadmissible
The Court expects full and candid participation during the settlement conference. With

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this in mind, statements made by any party or attorney during the settlement conference are not to

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be used in discovery and will not be admissible at trial.

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F. Sanctions

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Failure to follow this procedure will result in removal of the settlement conference from

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the Court’s calendar and may result in additional sanctions.

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IT IS SO ORDERED.
Dated:
6i0kij

February 28, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Insurance carriers, business organizations, and governmental agencies whose settlement
agreements are subject to approval by legislative bodies, executive committees, boards of
directors, et cetera, shall be represented by a person or persons who occupy high executive
positions in the party organization and who will be directly involved in the process of approval of
any settlement offers or agreements.

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