Hill v. Kohl's Department Stores, Inc.

Filing 33

ORDER Re: Settlement Conference, signed by Magistrate Judge Sandra M. Snyder on 10/27/11. (Marrujo, C)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHARON RENEE HILL, 12 1:11-cv-00464-GSA ORDER RE: SETTLEMENT CONFERENCE Plaintiff, 13 vs. 14 KOHL’S DEPARTMENT STORES, INC., Date: Time: Place: Judge: 11/23/11 10:30 a.m. 9th Floor Chambers Hon. Sandra M. Snyder 15 Defendant. 16 / 17 18 Pursuant to the Minutes (Doc. 32) issued following the 19 Status Conference held on October 27, 2011, this case is set for 20 a Settlement Conference on November 23, 2011 at 10:30 a.m., Ninth 21 Floor Chambers, before the Honorable Sandra M. Snyder, United 22 States Magistrate Judge. 23 Therefore, consideration of settlement is a serious matter 24 that requires thorough preparation prior to the Settlement 25 Conference. 26 best of pro se plaintiff’s ability): 27 // 28 / Accordingly, the following is HEREBY ORDERED (to the 1 1 1. 2 Pre-Settlement Conference Exchange of Demand and Offer A Settlement Conference is more likely to be productive 3 if, prior thereto, the parties exchange written settlement 4 proposals. 5 Settlement Conference, plaintiff shall submit a written 6 itemization of damages and settlement demand to defense counsel, 7 together with a brief summary of the legal and factual basis 8 supporting the demand. 9 prior to the Settlement Conference, defense counsel shall submit IDEALLY, at least fourteen (14) days prior to the IDEALLY, no later than seven (7) days 10 a written offer to plaintiff, together with a brief summary of 11 the legal and factual basis supporting the offer. 12 2. Submission and Content of Mandatory Confidential 13 Settlement Conference Statements 14 Defendant is to e-mail a Confidential Settlement 15 Conference Statement directly to frobles@caed.uscourts.gov, no 16 later than five (5) days prior to the Settlement Conference, or 17 by November 16, 2011. 18 her Confidential Settlement Conference Statement directly to 19 Judge Snyder’s chambers as follows: Pro se plaintiff, Sharon Hill, shall mail 20 CONFIDENTIAL 21 Hon. Sandra M. Snyder United States District Court 2500 Tulare Street, Suite 1501 Fresno, CA 93721 22 23 24 Additionally, defendant shall e-file a Notice of Submission of 25 Confidential Settlement Conference Statement in compliance with 26 Local Rule 270(d). 27 // 28 / 2 1 Confidential Settlement Conference Statements (are 2 typically typed and double spaced and) shall include the 3 following: 4 5 a. A brief summary of the core facts, allegations, and defenses. 6 b. A summary of the proceedings to date. 7 c. An estimate of the cost and time to be expended 8 for further discovery, pretrial, and trial. 9 d. The nature of the relief sought. 10 e. An outline of past settlement efforts, including 11 information regarding the "Pre-Settlement Conference Exchange of 12 Demand and Offer" required above, and a history of past 13 settlement discussions, offers, and demands. 14 15 16 f. A statement of each party’s expectations and goals for the Settlement Conference. 3. 17 Attendance of Trial Counsel and Parties Required 1 The attorneys who will try the case and parties with 18 full and complete settlement authority are required to personally 19 attend. 20 insurer who is authorized to negotiate, and who has authority to 21 settle the matter up to the limits of the opposing parties’ 22 existing settlement demand. 23 appear by a representative authorized to negotiate, and who has 24 authority to settle the matter up to the amount of the opposing 25 parties’ existing settlement demand or offer. An insured party shall appear by a representative of the An uninsured corporate party shall Having a client 26 27 28 1 However, during the status conference on 10/27/11, Judge Austin granted defendant’s client and/or representative permission to be immediately available by telephone throughout the Settlement Conference, until excused by the Court, regardless of time zone differences. 3 1 with authority available by telephone is not an acceptable 2 alternative, except under the most extenuating circumstances, 3 which does not include out-of-town or out-of-state travel and the 4 purchase of an airplane ticket. 5 at least a couple of hours for each conference. 6 difficult for a party who is not present to appreciate the 7 process and the reasons that may justify a change in one’s 8 perspective toward settlement. 9 The Court generally sets aside Therefore, it is The Court expects all counsel, parties, and/or party 10 representatives to be fully prepared to participate. 11 encourages all parties to keep an open mind in order to reassess 12 their previous positions and to discover creative means for 13 resolving the dispute. 14 4. 15 16 The Court Issues to be Discussed The parties shall be prepared to discuss the following at the Settlement Conference: 17 a. Goals in the litigation and problems they would 18 like to address in the Settlement Conference and understanding of 19 the opposing side’s goals. 20 21 b. The issues (inside and outside the lawsuit) that need to be resolved. 22 c. The strengths and weaknesses of their case. 23 d. Their understanding of the opposing side’s view of e. The points of agreement and disagreement (factual 24 25 26 27 28 the case. and legal) between the parties. f. Any financial, emotional, and/or legal impediments to settlement. 4 1 2 g. enables the accomplishment of their respective goals. 3 4 5 Whether settlement or further litigation better h. Any possibilities for a creative resolution of the dispute. 5. 6 Statements Inadmissible The parties are expected to address each other with 7 courtesy and respect, and are encouraged to be frank and open in 8 their discussions. 9 Settlement Conference are not to be used in discovery and will 10 11 12 13 14 15 16 17 18 Statements made by any party during the not be admissible at trial. 6. Persons Appearing In Propria Persona Local Rule 183(a) ~ Rules Governing Appearance ~ states, in part, that: Any individual representing himself or herself without an attorney is bound by the Federal Rules of Civil or Criminal Procedure, these Rules, and all other applicable law. All obligations placed on “counsel” by these Rules apply to individuals appearing in propria persona. Failure to comply therewith may be ground for dismissal, judgment by default, or any other sanction appropriate under these Rules. 19 20 21 22 Additionally, Local Rule 131(a) ~ Counsel Identification And Signatures ~ requires, in part, that: 24 . . . if in propria persona, the name, address, and telephone number of the party . . . shall appear in the upper left-hand corner of the first page of each document presented for filing. 25 Therefore, in compliance with these Rules, the 23 26 Confidential Settlement Conference Statement of Pro Se Plaintiff 27 must contain her name, address, as well as a telephone number, in 28 the upper left-hand corner of the first page. 5 1 7. 2 Admonition If there is no settlement authority from either party 3 and/or it is the hope of either party that this Court assess 4 strengths and weaknesses of each parties’ cases such that this 5 Court will hopefully convince a party to dismiss the lawsuit, 6 THIS IS NOT SETTLEMENT. 7 directed to coordinate a telephonic conference call with this 8 Court, through staff at (559) 499-5690, prior to the Settlement 9 Conference, to discuss the status of settlement. In such a situation, the parties are Failure to do 10 so could result in sanctions against any or all parties if 11 appearances are made and it was known to one or more parties that 12 the case cannot settle. 13 14 IT IS SO ORDERED. 15 16 Dated: October 27, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?