Duran v. City of Porterville et al

Filing 54

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 JOHN DURAN, CASE NO. 1:12-cv-1239-LJO-BAM Plaintiff, ORDER REGARDING SETTLEMENT CONFERENCE 13 14 v. CITY OF PORTERVILLE, et al., 15 16 17 Defendants. / 18 This case is set for a Settlement Conference before Magistrate Judge Barbara A. McAuliffe on 19 Wednesday, March 18, 2015 at 9:30 a.m. in Courtroom 8 at the U.S. District Court, 2500 Tulare 20 Street, Fresno, California, 93721. Unless otherwise permitted in advance by the Court, the attorneys 21 who will try the case shall personally appear at the settlement conference with the parties and the 22 person or persons having full authority to negotiate and settle the case, on any terms, at the conference. 23 No later than Wednesday, March 11, 2015, each party shall submit directly to Judge 24 McAuliffe’s chambers at bamorders@caed.uscourts.gov, a confidential settlement conference 25 statement. This statement should not be filed with the clerk of the Court or served on any other party. 26 Each statement shall be clearly marked “CONFIDENTIAL” with the date and time of the mandatory 27 settlement conference indicated prominently. 28 1 1 The settlement statement should not be lengthy but shall include a brief recitation of the facts, 2 a discussion of the strengths and weaknesses of the case, an estimate of the cost and time to be 3 expended for further pretrial and trial matters, and the relief sought. The parties are also directed to 4 include a candid statement on the party’s position on settlement, including the amount which the 5 party will accept to settle, realistic settlement expectations, present settlement proposals, and a 6 history of past settlement discussions, offers, demands, and a report on settlement efforts to date. 7 This Court will vacate the settlement conference if the Court finds the settlement conference 8 will be neither productive nor meaningful to attempt to resolve all or part of this case. As far in 9 advance of the settlement conference as possible, a party shall inform the Court and other parties that 10 it believes the case is not in a settlement posture so the Court may vacate or reset the settlement 11 conference. Otherwise the parties shall proceed with the settlement conference in good faith to attempt 12 to resolve all or part of the case. 13 14 15 16 IT IS SO ORDERED. Dated: /s/ Barbara January 21, 2015 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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