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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN DURAN,

CASE NO. 1:12-cv-1239-LJO-BAM

Plaintiff,

ORDER REGARDING SETTLEMENT
CONFERENCE

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v.
CITY OF PORTERVILLE, et al.,
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Defendants.
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This case is set for a Settlement Conference before Magistrate Judge Barbara A. McAuliffe on

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Wednesday, March 18, 2015 at 9:30 a.m. in Courtroom 8 at the U.S. District Court, 2500 Tulare

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Street, Fresno, California, 93721. Unless otherwise permitted in advance by the Court, the attorneys

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who will try the case shall personally appear at the settlement conference with the parties and the

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person or persons having full authority to negotiate and settle the case, on any terms, at the conference.

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No later than Wednesday, March 11, 2015, each party shall submit directly to Judge

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McAuliffe’s chambers at [e-mail], a confidential settlement conference

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statement. This statement should not be filed with the clerk of the Court or served on any other party.

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Each statement shall be clearly marked “CONFIDENTIAL” with the date and time of the mandatory

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settlement conference indicated prominently.

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The settlement statement should not be lengthy but shall include a brief recitation of the facts,

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a discussion of the strengths and weaknesses of the case, an estimate of the cost and time to be

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expended for further pretrial and trial matters, and the relief sought. The parties are also directed to

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include a candid statement on the party’s position on settlement, including the amount which the

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party will accept to settle, realistic settlement expectations, present settlement proposals, and a

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history of past settlement discussions, offers, demands, and a report on settlement efforts to date.

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This Court will vacate the settlement conference if the Court finds the settlement conference

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will be neither productive nor meaningful to attempt to resolve all or part of this case. As far in

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advance of the settlement conference as possible, a party shall inform the Court and other parties that

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it believes the case is not in a settlement posture so the Court may vacate or reset the settlement

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conference. Otherwise the parties shall proceed with the settlement conference in good faith to attempt

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to resolve all or part of the case.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 21, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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