Hamel v. Quebecor World Inc. Long Term Disability Plan, et al

Filing 26

STIPULATION and ORDER SETTING a Settlement Conference for 3/1/2012 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties are further DIRECTED to submit a confidential settlement conference statement directly Judge McAuliffe's chambers at [e-mail], with said statement to be submitted no later than seven days prior to the conference; order signed by Magistrate Judge Barbara A. McAuliffe on 2/9/2012. (Rooney, M)

1
2
3
4
5
6
7
8
9
10
11

RUSSELL G. PETTI, State Bar No. 137160
THE LAW OFFICES OF RUSSELL G. PETTI
466 Foothill Blvd., #389
La Canada, CA 91011
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff Paul A. Hamel
BURKE, WILLIAMS & SORENSEN, LLP
Michael B. Bernacchi (SBN 163657)
[e-mail]
Kristin P. Kyle de Bautista (SBN 221750)
[e-mail]
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Tel: [phone]
Fax: [phone]
Attorneys for Defendants Hartford Life and
Accident Insurance Company and Quebecor
World Inc. Long Term Disability Plan

12
13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

15
16

PAUL A. HAMEL,
Plaintiff,

Case No. 11-CV-00148-LJO-BAM

18

v.

19

QUEBECOR WORLD INC. LONG
TERM DISABILITY PLAN and
HARTFORD LIFE AND
ACCIDENT INSURANCE
COMPANY,

STIPULATION FOR A
SETTLEMENT CONFERENCE
BEFORE THE MAGISTRATE
JUDGE; ORDER
Date:
Time:

17

20
21

March 1, 2012
9:30 a.m.

Hon. Barbara A. McAuliffe

Defendants.

22
23
24

Plaintiff Paul A. Hamel and Defendants Hartford Life and Accident

25

Insurance Company (“Hartford”) and Quebecor World Inc. Long Term Disability

26

Plan, by and through their respective attorneys, hereby agree and stipulate to the

27

following:

28

///

B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4815-3859-0734 v1

-1-

STIPULATION FOR A SETTLEMENT
CONFERENCE BEFORE THE MAGISTRATE
JUDGE; [PROPOSED] ORDER

1
2

1.

The parties desire to hold a Settlement Conference before the

Honorable Barbara A. McAuliffe, the assigned Magistrate Judge.

3
4

2.

The parties have agreed to hold a Settlement Conference on the

5

condition that Defendant Hartford’s representative with settlement authority be

6

permitted to appear by telephone. In order to select a date that is available to all

7

parties, Hartford’s representative must appear by telephone as the representative is

8

located in Hartford, Connecticut. Travel time to and from California severely limits

9

the available dates for a Settlement Conference. Additionally, by appearing

10

telephonically at the Settlement Conference, Hartford will avoid significant costs

11

and travel time that must be expended; another consideration in settlement of the

12

action. The Hartford representative will be available on the phone during the entire

13

time set aside for the Settlement Conference. Hartford’s counsel will appear in

14

person.

15
16

3.

Counsel for the parties have coordinated with each other and with

17

Judge McAuliffe’s Courtroom Deputy that all who will participate in the Settlement

18

Conference are available on March 1, 2012 at 9:30 a.m.

19
20

4.

The parties hereby stipulate that a Settlement Conference be held

21

before Judge McAuliffe on March 1, 2012 at 9:30 a.m. at the United States District

22

Courthouse, located at 2500 Tulare Street, Fresno, California 93721.

23
24

5.

The parties further stipulate that Hartford’s representative be permitted

25

to appear by telephone at the Settlement Conference.

26

///

27

///

28

///

B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4815-3859-0734 v1

-2-

STIPULATION FOR A SETTLEMENT
CONFERENCE BEFORE THE MAGISTRATE
JUDGE; [PROPOSED] ORDER

1

IT IS SO STIPULATED.

2
3

Dated: February 8, 2012

The Law Offices of Russell G. Petti

4
By: /s/ Russell G. Petti
[As authorized on February 8, 2012]
Russell G. Petti
Attorneys for Plaintiff Paul A. Hamel

5
6
7
8

Dated: February 9, 2012

9
10

Burke, Williams & Sorensen, LLP
Michael B. Bernacchi
Kristin P. Kyle de Bautista
By: /s/Kristin P. Kyle de Bautista
Kristin P. Kyle de Bautista
Attorneys for Defendants Hartford Life
and Accident Insurance Company and
Quebecor World Inc. Long Term
Disability Plan

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4815-3859-0734 v1

-3-

STIPULATION FOR A SETTLEMENT
CONFERENCE BEFORE THE MAGISTRATE
JUDGE; [PROPOSED] ORDER

1

ORDER

2

Upon consideration of the Parties’ stipulation, and good cause appearing,

3

IT IS HEREBY ORDERED that a Settlement Conference is set in this matter before the

4

Honorable Magistrate Judge Barbara A. McAuliffe on March 1, 2012 at 9:30 a.m. at the United

5

States District Courthouse, located at 2500 Tulare Street, Fresno, California 93721.

6

IT IS FURTHER ORDERED that Defendant Hartford’s representative with settlement

7

authority may appear by telephone at the March 1, 2012 Settlement Conference, provided that the

8

representative is available on the phone throughout the entire Settlement Conference. Except as

9

otherwise specified in this Order, the attorneys who will try the case shall appear at the settlement

10

conference with the parties and the person or persons having full authority to negotiate and settle

11

the case, on any terms, at the conference.

12

No later than seven days prior to the settlement conference, each party shall submit

13

directly to Judge McAuliffe’s chambers at [e-mail], a confidential

14

settlement conference statement. This statement should neither be filed with the clerk of the

15

Court nor served on any other party. Each statement shall be clearly marked “CONFIDENTIAL”

16

with the date and time of the mandatory settlement conference indicated prominently. Counsel are

17

urged to request the return of their statements. If such request is not made, the Court will dispose

18

of the statement.

19

The confidential settlement conference statement shall include the following:

20

A.

A brief statement of the facts of the case;

21

B.

A brief statement of the claims and defenses (i.e., statutory or other grounds upon

22

which the claims or defenses are based), a forthright evaluation of the parties’ likelihood of

23

prevailing on the claims and defenses, and a description of the major issues in dispute;

24

C.

A summary of the proceedings to date;

25

D.

An estimate of the cost and time to be expended for further pretrial and trial

26

matters, including discovery;

27

E.

The relief sought; and

28

F.

The party’s position on settlement, including the amount which the party will

B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4815-3859-0734 v1

-4-

STIPULATION FOR A SETTLEMENT
CONFERENCE BEFORE THE MAGISTRATE
JUDGE; [PROPOSED] ORDER

1

accept to settle, realistic settlement expectations, present demands and offers, and a history of

2

past settlement discussions, offers, and demands.

3
4

IT IS SO ORDERED.

5
Dated:

6

/s/ Barbara

February 9, 2012

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

7
8

10c20kb8554

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4815-3859-0734 v1

-5-

STIPULATION FOR A SETTLEMENT
CONFERENCE BEFORE THE MAGISTRATE
JUDGE; [PROPOSED] ORDER