Singh et al v. Wells Fargo Bank et al

Filing 53

ORDER re Settlement Conference Deadlines, Rules and Requirements, signed by Magistrate Judge Sandra M. Snyder on 5/30/12. Settlement Conference set for 6/26/2012 at 10:30 AM before Magistrate Judge Sandra M. Snyder. (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RESHAM SINGH and GURMIT KAUR, )
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Plaintiffs,
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vs.
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WELLS FARGO BANK, FEDERAL
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HOME LOAN MORTGAGE
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CORPORATION, et al.,
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Defendants.
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1:10-cv-01659-AWI-SMS
ORDER RE: SETTLEMENT
CONFERENCE DEADLINES,
RULES AND REQUIREMENTS
Date:
6/26/12
Time:
10:30 a.m.
Place: Chambers ~ 9th Floor

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Consideration of settlement is a serious matter that requires

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thorough preparation PRIOR to the Settlement Conference.

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following are the procedures the Court will employ, absent good

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cause, in conducting the Settlement Conference.

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1.

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The

Pre-Settlement Conference Exchange of Demand and Offer
A Settlement Conference is more likely to be productive

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if, PRIOR thereto, the parties have exchanged written settlement

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proposals.

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Settlement Conference, plaintiffs’ counsel shall submit a written

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itemization of damages and settlement demand to defense counsel,

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together with a brief summary of the legal and factual basis

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supporting the demand.

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prior to the Settlement Conference, defense counsel shall submit a

Accordingly, at least twenty-one (21) days prior to the

Thereafter, but no later than ten (10) days

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written offer to plaintiffs’ counsel, together with a brief summary

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of the legal and factual basis supporting the offer.

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2.

Submission and Content of Confidential Settlement

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Conference Statements

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Confidential Settlement Conference Statements are

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MANDATORY, are not to be e-filed or otherwise made a part of the

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court docket, and shall be submitted directly to Judge Snyder’s

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chambers at least five (5) court days prior to the Settlement

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Conference, by either U.S. Mail, courier, e-mail to

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[e-mail], personal delivery to the Clerk’s

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Office, etc., depending on the length, tabs, pictures, etc., of the

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statement in total.

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Snyder’s chambers (559-499-5690) PRIOR to submission with any

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comments, questions, and/or concerns.

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shall e-file a Notice of Submission of Confidential Settlement

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Conference Statement in compliance with Local Rule 270(d).

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Counsel shall not hesitate to contact Judge

Additionally, each party

Confidential Settlement Conference Statements shall (be
typed, double spaced and) include the following:

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a.

A brief summary of the core facts, allegations, and

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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

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defenses.

further discovery, pretrial, and trial.

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d.

The nature of the relief sought.

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e.

An outline of past settlement efforts, including

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information regarding the "Pre-Settlement Conference Exchange of

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Demand and Offer" required above, and a history of past settlement

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discussions, offers, and demands.
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f.

A statement of each party’s expectations and goals

for the Settlement Conference.

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3.

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Attendance of Trial Counsel and Parties Required
The attorneys who will try the case and parties with full

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and complete settlement authority are required to personally

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attend.

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insurer who is authorized to negotiate, and who has authority to

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settle the matter up to the limits of the opposing parties’

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existing settlement demand.

An insured party shall appear by a representative of the

An uninsured corporate party shall

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appear by a representative authorized to negotiate, and who has

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authority to settle the matter up to the amount of the opposing

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parties’ existing settlement demand or offer.

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authority available by telephone is not an acceptable alternative,

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except under the most extenuating circumstances, which does not

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include out-of-town or out-of-state travel and the purchase of an

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airplane ticket.

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of hours for each conference.

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party who is not present to appreciate the process and the reasons

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that may justify a change in one’s perspective toward settlement.

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4.

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A client with

The Court generally sets aside at least a couple
Therefore, it is difficult for a

Mediation Format
The Court expects all counsel and party representatives

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to be fully prepared to participate.

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parties to keep an open mind in order to reassess their previous

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positions and to discover creative means for resolving the dispute.

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5.

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The Court encourages all

Issues to Be Discussed
The parties shall be prepared to discuss the following at

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the Settlement Conference:

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a.

Goals in the litigation and problems they would like

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to address in the Settlement Conference and understanding of the

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opposing side’s goals.

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b.

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The issues (inside 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

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The points of agreement and disagreement (factual

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the case.

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and legal) between the parties.

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f.
to settlement.

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Any financial, emotional, and/or legal impediments

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Whether settlement or further litigation better

enables the accomplishment of their respective goals.

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h.

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dispute.

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6.

Any possibilities for a creative resolution of the

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Statements Inadmissible
The parties are expected to address each other with

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courtesy and respect, and are encouraged to be candid and open in

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their discussions.

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Settlement Conference are not to be used in discovery and will not

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be admissible at trial.

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7.

Statements made by any party during the

Admonition
If it is clear to counsel and/or the parties that this

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case is not in a settlement posture, counsel are directed to

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contact this Court’s chambers (559-499-5690) immediately for a

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continuance or to take it off calendar.

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assume and requires the following:
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Otherwise, this Court will

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That plaintiffs have provided defendants with a

timely demand;

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2.

That the parties have met and conferred sufficiently

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at least once PRIOR to the Settlement Conference regarding possible

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settlement; and,

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3.

That the parties are therefore ready, willing, and

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able to settle the case, i.e., defendants have settlement authority

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and plaintiffs are willing to negotiate in good faith.

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If there is no settlement authority from either or any

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party and/or it is the hope that this Court assess strengths and

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weaknesses of each parties’ cases such it will hopefully convince a

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party to dismiss this lawsuit, THIS IS NOT SETTLEMENT.

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situation, the parties are directed to coordinate a telephonic

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conference with this Court, through chambers (559-499-5690), PRIOR

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to the Settlement Conference to discuss the status of settlement.

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Failure to do so could result in sanctions against any or all

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parties if appearances are made and it was known to one or more

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parties that the case cannot settle.

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IT IS SO ORDERED.

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Dated:
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May 30, 2012

In such a

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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