Womack v. The Home Depot U.S.A., Inc.

Filing 19

ORDER re SETTLEMENT CONFERENCE signed by Magistrate Judge Sheila K. Oberto on 1/5/2012. (Timken, A)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL WOMACK,

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Plaintiff,

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CASE NO. 1:11-cv-00894 SMS
ORDER re SETTLEMENT CONFERENCE

v.
THE HOME DEPOT U.S.A., INC.,

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Defendant.

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/

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This case is set for a Settlement Conference before Magistrate Judge Sheila K. Oberto on

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January 26, 2012, at 10:30 a.m. at the U. S. District Court, 2500 Tulare Street, Fresno, California,

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93721.

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Consideration of settlement is a serious matter that requires thorough preparation prior to
the settlement conference. Accordingly, IT IS HEREBY ORDERED that:

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1.

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A settlement conference is more likely to be productive if, before the conference, the

Pre-settlement Conference Exchange of Demand and Offer

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parties exchange written settlement proposals. Accordingly, at least fifteen (15) days prior to the

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settlement conference, plaintiff’s counsel shall submit a written itemization of damages and

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settlement demand to each defense counsel with a brief summary of the legal and factual basis

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supporting the demand. No later than ten (10) days prior to the settlement conference, each

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defense counsel shall submit a written offer to plaintiff’s counsel with a brief summary of the

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legal and factual basis supporting the offer.

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2.

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The parties are to send Confidential Settlement Conference Statements (Settlement

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Statement) to the following email address: [e-mail], to arrive no later than

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five (5) business days before the conference. Additionally, each party shall file a Notice of

Submission and Content of Confidential Settlement Conference Statements

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Submission of Confidential Settlement Conference Statement (See L.R. 270 (d)).
If the Settlement Conference is continued for any reason, each party must submit a new

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Settlement Statement that is complete in itself, without reference to any prior Settlement

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Statements.

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Settlement Statements must be typed and double spaced. Each Settlement Statement
shall include the 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 for further discovery,

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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 information regarding the

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"Pre-settlement Conference Exchange of Demand and Offer" required

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above (including the itemization of damages), and a history of past

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settlement discussions, offers, and demands.

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f.

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A statement of each party’s expectations and goals for the Settlement
Conference.

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3.

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The attorneys who will try the case and parties with full and complete settlement

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authority are required to personally attend the conference. An insured party shall appear by a

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representative of the insurer who is authorized to negotiate, and who has authority to settle the

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matter up to the limits of the opposing parties’ existing settlement demand. An uninsured

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corporate party shall appear by a representative authorized to negotiate, and who has authority to

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settle the matter up to the amount of the opposing parties’ existing settlement demand or offer.

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It is difficult for a party who is not present to appreciate the process and the reasons that may

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justify a change in one’s perspective toward settlement. Accordingly, having a client with

Attendance of Trial Counsel and Parties Required

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authority available by telephone is not an acceptable alternative, except under the most
extenuating circumstances.1

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The Court expects both the lawyers and the party representatives to be fully prepared to

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participate. The Court encourages all parties to keep an open mind in order to reassess their

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previous positions and to discover creative means for resolving the dispute.

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4.

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The parties shall be prepared to discuss the following at the settlement conference:

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Issues to Be Discussed

a.

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Goals in the litigation and problems they would like to address in the
settlement conference and understanding of the opposing side’s goals.

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b.

The issues (in 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 the case.

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e.

Their points of agreement and disagreement (factual and legal).

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f.

Any financial, emotional, and/or legal impediments to settlement.

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g.

Whether settlement or further litigation better enables the accomplishment

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of their respective goals.

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h.

Any possibilities for a creative resolution of the dispute.

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5.

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The parties are expected to address each other with courtesy and respect, and are

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encouraged to be frank and open in their discussions. Statements made by any party during the

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settlement conference are not to be used in discovery and will not be admissible at trial.

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IT IS SO ORDERED.

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Dated:

Statements Inadmissible

January 5, 2012

/s/ Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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Out of town or out of state travel and the purchase of an airplane ticket are not
extenuating circumstances.
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