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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHARON RENEE HILL,

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1:11-cv-00464-GSA
ORDER RE: SETTLEMENT CONFERENCE

Plaintiff,

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vs.

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KOHL’S DEPARTMENT STORES,
INC.,

Date:
Time:
Place:
Judge:

11/23/11
10:30 a.m.
9th Floor Chambers
Hon. Sandra M. Snyder

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Defendant.
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Pursuant to the Minutes (Doc. 32) issued following the

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Status Conference held on October 27, 2011, this case is set for

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a Settlement Conference on November 23, 2011 at 10:30 a.m., Ninth

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Floor Chambers, before the Honorable Sandra M. Snyder, United

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States Magistrate Judge.

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Therefore, consideration of settlement is a serious matter

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that requires thorough preparation prior to the Settlement

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Conference.

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best of pro se plaintiff’s ability):

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Accordingly, the following is HEREBY ORDERED (to the

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1.

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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 exchange written settlement

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proposals.

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Settlement Conference, plaintiff 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

IDEALLY, at least fourteen (14) days prior to the

IDEALLY, no later than seven (7) days

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a written offer to plaintiff, together with a brief summary of

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the legal and factual basis supporting the offer.

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2.

Submission and Content of Mandatory Confidential

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Settlement Conference Statements

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Defendant is to e-mail a Confidential Settlement

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Conference Statement directly to [e-mail], no

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later than five (5) days prior to the Settlement Conference, or

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by November 16, 2011.

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her Confidential Settlement Conference Statement directly to

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Judge Snyder’s chambers as follows:

Pro se plaintiff, Sharon Hill, shall mail

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CONFIDENTIAL

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Hon. Sandra M. Snyder
United States District Court
2500 Tulare Street, Suite 1501
Fresno, CA 93721

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Additionally, defendant shall e-file a Notice of Submission of

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Confidential Settlement Conference Statement in compliance with

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Local Rule 270(d).

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Confidential Settlement Conference Statements (are

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typically typed and double spaced and) shall include the

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following:

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a.

A brief summary of the core facts, allegations,

and defenses.

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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

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for 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

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settlement discussions, offers, and demands.

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f.

A statement of each party’s expectations and goals

for the Settlement Conference.
3.

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Attendance of Trial Counsel and Parties Required

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The attorneys who will try the case and parties with

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full 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.

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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.

An insured party shall appear by a representative of the

An uninsured corporate party shall

Having a client

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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.

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with authority available by telephone is not an acceptable

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alternative, except under the most extenuating circumstances,

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which does not include out-of-town or out-of-state travel and the

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purchase of an airplane ticket.

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at least a couple of hours for each conference.

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difficult for a party who is not present to appreciate the

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process and the reasons that may justify a change in one’s

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perspective toward settlement.

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The Court generally sets aside
Therefore, it is

The Court expects all counsel, parties, and/or party

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representatives to be fully prepared to participate.

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encourages all parties to keep an open mind in order to reassess

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their previous positions and to discover creative means for

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resolving the dispute.

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4.

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The Court

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

at the Settlement Conference:

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a.

Goals in the litigation and problems they would

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like to address in the Settlement Conference and understanding of

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the opposing side’s goals.

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b.

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.

and legal) between the parties.
f.

Any financial, emotional, and/or legal impediments

to settlement.
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g.

enables the accomplishment of their respective goals.

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Whether settlement or further litigation better

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Any possibilities for a creative resolution of the

dispute.
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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 frank and open in

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their discussions.

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Settlement Conference are not to be used in discovery and will

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Statements made by any party during the

not be admissible at trial.
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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.

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Additionally, Local Rule 131(a) ~ Counsel
Identification And Signatures ~ requires, in part, that:

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. . . 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.

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Therefore, in compliance with these Rules, the

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Confidential Settlement Conference Statement of Pro Se Plaintiff

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must contain her name, address, as well as a telephone number, in

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the upper left-hand corner of the first page.
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Admonition
If there is no settlement authority from either party

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

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strengths and weaknesses of each parties’ cases such that this

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Court will hopefully convince a party to dismiss the lawsuit,

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THIS IS NOT SETTLEMENT.

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directed to coordinate a telephonic conference call with this

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Court, through staff at [phone], prior to the Settlement

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Conference, to discuss the status of settlement.

In such a situation, the parties are

Failure to do

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so could result in sanctions against any or all parties if

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

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the case cannot settle.

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IT IS SO ORDERED.

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Dated:

October 27, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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