Salisbury, et al. v. Hickman, et al.

Filing 109

ORDER SETTING SECOND SETTLEMENT CONFERENCE re 108 , signed by Magistrate Judge Jennifer L. Thurston on 10/18/2013. Settlement Conference set for 11/15/2013 at 10:00 AM at the United States Courthouse, 510 19th Street (JLT), Bakersfield, before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAREN SALISBURY, et al.,

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Plaintiffs,

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v.
ARTHUR E. HICKMAN, et al.,

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Defendants.

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Case No.: 1:12-cv-01098 LJO JLT
ORDER SETTING SECOND SETTLEMENT
CONFERENCE
(Doc. 108)

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Based on the joint application of the parties, the Court ORDERS:

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1.

This action is set for a settlement conference before Magistrate Judge Thurston on

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Friday, November 15, 2013, starting at 10:00 a.m., and continuing until the close of business or when

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the Court decides the conference is no longer productive, whichever occurs first;

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2.

Each party and insurer, with full authority to resolve this matter, is required to attend

this conference, unless excused by order of the Court;

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3.

No later than October 28, 2013, Plaintiff SHALL submit to Defendant via fax or e-

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mail, a written itemization of damages and a meaningful1 settlement demand which includes a brief

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explanation of why such a settlement is appropriate. Thereafter, no later than November 6, 2013,

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“Meaningful” means that the offer is reasonably calculated to settle. “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.

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

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

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

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Confidential Settlement Conference Statement, as described below. Copies of these documents shall

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not be filed on the court docket.

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4.

Each side shall deliver an updated settlement conference statement to Judge Thurston’s

chambers by Friday, November 8, 2013.

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IT IS SO ORDERED.
Dated:

October 18, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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