(PC) Dubrin et al v. Bonilla

Filing 78

ORDER Setting Settlement Conference set for 10/28/2015 at 01:30 PM in US District Court 510 19th Street before Magistrate Judge Jennifer L. Thurston, signed by Magistrate Judge Jennifer L. Thurston on 9/10/2015. (Kusamura, W)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DUBRIN et al.,

12
13
14

Plaintiffs,
v.
MICHAEL STAINER, et al.,

15

Defendants.

16
17
18
19
20
21

) Case No.: 1:11-cv-01484 AWI JLT
)
) ORDER SETTING SETTLEMENT CONFERENCE
) (Doc. 77)
)
)
)
)
)
)

Based upon the request of counsel (Doc. 77) to set a scheduling conference, the Court
ORDERS:
1.

A settlement conference is scheduled on October 28, 2015 at 1:30 p.m. at the United

States Courthouse located at 510 19th Street, Bakersfield, CA;
2.

Unless otherwise permitted in advance by the Court, the attorneys who will try the case

22

shall appear at the Settlement Conference with the parties and the person or persons having full

23

authority to negotiate and settle the case on any terms1 at the conference. Consideration of settlement

24

is a serious matter that requires preparation prior to the settlement conference. Set forth below are the

25
26
27
28

1

Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements
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.

1

1

procedures the Court will employ, absent good cause, in conducting the conference:

2

a.

At least 21 days before the settlement conference, Plaintiff SHALL submit to

3

Defendant via fax or e-mail, a written itemization of damages and a meaningful settlement

4

demand which includes a brief explanation of why such a settlement is appropriate;

5

b.

Thereafter, no later than 14 days before the settlement conference, Defendant

6

SHALL respond, via fax or e-mail, with an acceptance of the offer or with a meaningful2

7

counteroffer, which includes a brief explanation of why such a settlement is appropriate.

8
9
10

c.

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

settlement offers to their Confidential Settlement Conference Statement, as described below.
Copies of these documents shall not be filed on the court docket.

11

d.

At least five court days before the Settlement Conference, the parties shall

12

submit, directly to Judge Thurston’s chambers by e-mail to [e-mail], a

13

Confidential Settlement Conference Statement. The statement should not be filed with the

14

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

15

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

16

“confidential” with the date and time of the Settlement Conference indicated prominently

17

thereon;

18

e.

The Confidential Settlement Conference Statement shall include the following:

19

A.

A brief statement of the facts of the case;

20

B.

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

21

grounds upon which the claims are founded; a forthright evaluation of the

22

parties’ likelihood of prevailing on the claims and defenses; and a description of

23

the major issues in dispute;

24

C.

A summary of the proceedings to date;

25
26
27
28

2

“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. If,
however, the offering party is only willing to offer a settlement which it knows the other party will not accept, this should
trigger a recognition the case is not in a settlement posture and the parties should confer about continuing or vacating the
settlement conference via stipulation.

2

1

D.

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

2

pretrial and trial;

3

E.

The relief sought;

4

F.

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

5

offers and a history of past settlement discussions, offers and demands

6

issued since the case was stayed on February 4, 2015 (Doc. 61).

7
8
9
10

IT IS SO ORDERED.
Dated:

September 10, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3