Duran v. City of Porterville et al
ORDER Regarding Settlement Conference, signed by Magistrate Judge Barbara A. McAuliffe on 01/21/15. ( Settlement Conference set for 3/18/2015 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.) (Martin-Gill, S)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CASE NO. 1:12-cv-1239-LJO-BAM
ORDER REGARDING SETTLEMENT
CITY OF PORTERVILLE, et al.,
This case is set for a Settlement Conference before Magistrate Judge Barbara A. McAuliffe on
Wednesday, March 18, 2015 at 9:30 a.m. in Courtroom 8 at the U.S. District Court, 2500 Tulare
Street, Fresno, California, 93721. Unless otherwise permitted in advance by the Court, the attorneys
who will try the case shall personally appear at the settlement conference with the parties and the
person or persons having full authority to negotiate and settle the case, on any terms, at the conference.
No later than Wednesday, March 11, 2015, each party shall submit directly to Judge
McAuliffe’s chambers at firstname.lastname@example.org, a confidential settlement conference
statement. This statement should not be filed with the clerk of the Court or served on any other party.
Each statement shall be clearly marked “CONFIDENTIAL” with the date and time of the mandatory
settlement conference indicated prominently.
The settlement statement should not be lengthy but shall include a brief recitation of the facts,
a discussion of the strengths and weaknesses of the case, an estimate of the cost and time to be
expended for further pretrial and trial matters, and the relief sought. The parties are also directed to
include a candid statement on the party’s position on settlement, including the amount which the
party will accept to settle, realistic settlement expectations, present settlement proposals, and a
history of past settlement discussions, offers, demands, and a report on settlement efforts to date.
This Court will vacate the settlement conference if the Court finds the settlement conference
will be neither productive nor meaningful to attempt to resolve all or part of this case. As far in
advance of the settlement conference as possible, a party shall inform the Court and other parties that
it believes the case is not in a settlement posture so the Court may vacate or reset the settlement
conference. Otherwise the parties shall proceed with the settlement conference in good faith to attempt
to resolve all or part of the case.
IT IS SO ORDERED.
January 21, 2015
UNITED STATES MAGISTRATE JUDGE
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