Seed Services, Inc. v. Winsor Grain, Inc., et al
Filing
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ORDER Regarding Settlement Conference Procedures signed by Magistrate Judge Gary S. Austin on 3/2/2012. (Bradley, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SEED SERVICES, INC., a California
Corporation,
Plaintiff,
) 1:10-cv-2185 AWI GSA
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v.
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WINDSOR GRAIN, INC., a Minnesota
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corporation, WILLIAM L. COOK, an
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individual, and DOES 1 through 35,
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inclusive,
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) ORDER REGARDING SETTLEMENT
) CONFERENCE PROCEDURES
Defendants.
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WILLIAM COOK, an individual, and
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WINDSOR GRAIN, INC., a Minnesota
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corporation,
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Counterclaimants
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v.
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SEED SERVICES, INC., a California
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Corporation,
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Counterdefendant.
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____________________________________)
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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 10, 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
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gsaorders@caed.uscourts.gov. 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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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
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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.
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Dated:
6i0kij
March 2, 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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