United States v. Tolmachoff et al

Filing 36

ORDER REQUIRING PARTIES to Submit Confidential Settlement Conference Statements by Noon on Monday, August 26, 2013, Signed by Magistrate Judge Stanley A. Boone on 8/23/2013. (Arellano, S.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES,

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Plaintiff,

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v.

Case No. 1:11-cv-01697-SKO
ORDER REQUIRING PARTIES TO SUBMIT
CONFIDENTIAL SETTLEMENT CONFERENCE
STATEMENTS BY NOON ON AUGUST 26,
2013

JOHN J. TOLMACHOFF, et al.,

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Defendants.

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A settlement conference is currently set for Tuesday, August 27, 2013 at 11:00 a.m.

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before the undersigned. Unless otherwise permitted in advance by the Court, the attorneys who

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will try the case shall appear at the Settlement Conference with the parties and the person or

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persons having full authority to negotiate and settle the case on any terms1 at the conference.

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Confidential Settlement Conference Statement: The parties shall submit a Confidential

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Settlement Conference Statement directly to Judge Boone's chambers by e-mail to

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[e-mail] by noon on Monday, August 26, 2013. The statement should

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not be filed with the Clerk of the Court nor served on any other party, although the parties may

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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.

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file a Notice of Lodging of Settlement Conference Statement. Each statement shall be clearly

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

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thereon.

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The Confidential Settlement Conference Statement shall include the following:

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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

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

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parties' likelihood of prevailing on the claims and defenses; and a

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description of the major issues in dispute.

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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,

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pretrial and 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

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and a history of past settlement discussions, offers and demands.
If the parties are unable to adequately prepare the settlement statements, then the matter
can be continued to a more mutually convenient date.

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IT IS SO ORDERED.

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Dated:
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August 23, 2013

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UNITED STATES MAGISTRATE JUDGE

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