Kinnamon v. Latia et al

Filing 70

ORDER SETTING Settlement Conference signed by Magistrate Judge Dennis L. Beck on 5/28/2015. Settlement Conference set for 7/30/2015 at 10:00 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TODD KINNAMON,
Plaintiff,

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v.

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C.LATIA et al.,
Defendants.

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) Case No.: 1:12-cv-01325 DLB
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) ORDER SETTING
) SETTLEMENT CONFERENCE
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In this matter, Plaintiff contends he was subjected to excessive force by Defendants on January

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3, 2009, while he was housed at Kern Valley State Prison. The matter is set for trial on October 27,

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2015. The parties have expressed a willingness to engage in a settlement conference. Therefore, the

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Court ORDERS:

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1.

A settlement conference is set on July 30, 2015 at 10:00 a.m. in Courtroom 6 before

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Magistrate Judge, Jennifer L. Thurston. The conference will occur at Robert E. Coyle Federal

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Courthouse located at 2500 Tulare Street, Fresno, CA;

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2.

Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall

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appear at the Settlement Conference with the parties and the person or persons having full

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authority to negotiate and settle the case on any terms1 at the conference. Consideration of

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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

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settlement is a serious matter that requires preparation prior to the settlement conference. Set

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forth below are the procedures the Court will employ, absent good cause, in conducting the

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conference:

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a.

At least 21 days before the settlement conference, Plaintiff SHALL submit to

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Defendant via fax or e-mail, a written itemization of damages and a meaningful

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settlement demand which includes a brief explanation of why such a settlement is

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appropriate;

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b.

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Thereafter, no later than 14 days before the settlement conference, Defendant
SHALL respond, via fax or e-mail, with an acceptance of the offer or with a

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meaningful2 counteroffer, which includes a brief explanation of why such a settlement

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is appropriate.

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c.

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

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to their Confidential Settlement Conference Statement, as described below. Copies of

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these documents shall not be filed on the court docket.

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d.

At least five court days before the Settlement Conference, the parties shall submit,

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directly to Judge Thurston’s chambers by e-mail to [e-mail], a

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Confidential Settlement Conference Statement. The statement should not be filed with

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the Clerk of the Court nor served on any other party, although the parties may file a

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Notice of Lodging of Settlement Conference Statement. Each statement shall be

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clearly marked “confidential” with the date and time of the Settlement Conference

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indicated prominently thereon;

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e.

The Confidential Settlement Conference Statement shall include the following:
A.

A brief statement of the facts of the case;

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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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“Meaningful” means that the offer is reasonably calculated to settle the case on terms acceptable to the offering
party. “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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B.

A brief statement of the claims and defenses including a forthright evaluation of

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the party’s likelihood of prevailing on the claims or defenses and a description of the

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major issues in dispute;

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C.

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and trial;

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D.

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not succeed at trial;

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E.

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and a history of past settlement discussions, offers and demands.

An estimate of the cost and time to be expended for further discovery, pretrial

A realistic evaluation of the value of the case in light of the risk the party will

The party's position on settlement, including any present demands and offers

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IT IS SO ORDERED.
Dated:

/s/ Dennis

May 28, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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