Meadows v. Reeves, et al.

Filing 85

ORDER Setting Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 3/17/16. Settlement Conference set for 5/18/2016 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHANN MEADOWS,

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Plaintiff,

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No. 1:11-cv-00257-DAD-JLT (PC)
ORDER SETTING SETTLEMENT
CONFERENCE

v.
DR. REEVES,

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Defendant.

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The Court finds a settlement conference in this matter may be helpful.1 Thus, the Court

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ORDERS2:

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1.

The settlement conference is set before Magistrate Judge Erica P. Grosjean on

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May 18, 2016, at 10:00 a.m. at the Robert E. Coyle Federal Courthouse located at 2500 Tulare

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Street, Fresno, California 93721 in Courtroom #10;

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2.

A representative with authority to negotiate and enter into a binding settlement on

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the defendant’s behalf shall attend in person. Unless otherwise permitted in advance by the Court,

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the attorneys who will try the case shall appear at the Settlement Conference with the parties

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and the person or persons having full authority to negotiate and settle the case on any terms3 at

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“[T]he district court has the authority to order parties, including the federal government, to participate in
mandatory settlement conferences… .” United States v. United States District Court for the Northern Mariana
Islands, 694 F.3d 1051, 1053, 1057, 1059 (9 th Cir. 2012)(“the district court has broad authority to compel
participation in mandatory settlement conference[s].”)
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The Court will issue an order and writ of habeas corpus ad testificandum as the date approaches.
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Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements

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the conference. Consideration of settlement is a serious matter that requires preparation prior to

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the settlement conference. Set forth below are the procedures the Court will employ, absent good

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cause, in conducting the conference.

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3.

No later than April 1, 2016, Plaintiff SHALL submit to Defendant, a written

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itemization of damages and a meaningful4 settlement demand which includes a brief explanation

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why such a settlement is appropriate. Thereafter, no later than April 22, 2016, Defendant

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SHALL respond with an acceptance of the offer or with a meaningful counteroffer, which

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includes a brief explanation of why such a settlement is appropriate.

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If settlement is not achieved, each party SHALL attach copies of their settlement offers to

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their Confidential Settlement Conference Statement, as described below. Copies of these

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documents shall not be filed on the court docket.

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4.

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chambers, a confidential settlement conference statement.5 The statement should not be filed

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with the Clerk of the Court nor served on any other party, though the parties may file a Notice

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of Lodging of Settlement Conference Statement. Each statement shall be clearly marked

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"confidential" with the date and time of the Settlement Conference indicated prominently thereon.

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The Confidential Settlement Conference Statement shall include the following:

No later than May 6, 2016, the parties shall submit, directly to Judge Grosjean’s

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A.

A brief statement of the facts of the case.

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B.

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

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which the claims are founded; a forthright evaluation of the parties' likelihood of

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

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dispute.

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are subject to approval by legislative bodies, executive committees, boards of directors or the like 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. To the extent possible the
representative shall have the authority, if he or she deems it appropriate, to settle the action on terms consistent with
the opposing party's most recent demand.
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“Meaningful” means that the offer is reasonably calculated to settle the case on terms acceptable to the offering
party. “Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party
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Counsel may lodge the statement via e-mail to by e-mail to [e-mail] but Plaintiff must
mail it.

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C.

A summary of the proceedings to date.

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D.

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

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trial.

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E.

The relief sought.

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F.

The party's position on settlement, including present demands and offers and a

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history of past settlement discussions, offers and demands.

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IT IS SO ORDERED.
Dated:

March 17, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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