Dhaliwal et al v. Singh et al

Filing 174

ORDER RE SETTLEMENT CONFERENCE signed by Magistrate Judge Sandra M. Snyder on 9/11/2015. (Rooney, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAGJEEVAN K. DHALIWAL,
MOHINDER S. GILL,

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PLAINTIFFS,

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vs.

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KS CHANDI & SONS, INC.,
CHANDI BROTHERS, LLC,

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DEFENDANTS.

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1:13-CV-00484-SKO
SETTLEMENT CONFERENCE
ORDER RE DEADLINES,
RULES, AND REQUIREMENTS
Date: 10/7/15
Time: 10:30 a.m.
Place: Chambers ~ 9th Floor

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Consideration of settlement is a serious matter that requires
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thorough preparation PRIOR to the Settlement Conference.

The

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following are the procedures the Court will employ, absent good cause,
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in conducting the Settlement Conference.
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1.

Pre-Settlement Conference Exchange of Demand and Offer

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A Settlement Conference is more likely to be productive if,
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PRIOR thereto, the parties have exchanged written settlement proposals.
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Accordingly, at least twenty (20) days prior to the Settlement
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Conference, plaintiffs’ counsel shall submit a written itemization of
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damages and settlement demand to defense counsel, together with a brief
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summary of the legal and factual basis supporting the demand.
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Thereafter, but no later than ten (10) days prior to the Settlement

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Conference, defense counsel shall submit a written offer to plaintiffs’

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counsel, together with a brief summary of the legal and factual basis

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supporting the offer.

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2.

Submission and Content of Confidential Settlement Conference

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Statements

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Confidential Settlement Conference Statements are

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MANDATORY, are not to be e-filed or otherwise made a part of the court

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docket, and shall be submitted directly to Judge Snyder=s chambers at

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least five (5) court days prior to the Settlement Conference, by either

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U.S. Mail, courier, e-mail to [e-mail], personal

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delivery to the Clerk=s Office, etc., depending on the length, tabs,

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pictures, etc., of the statement in total.

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to contact Judge Snyder=s chambers at [phone] PRIOR to submission

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with any comments, questions, and/or concerns in this regard.

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Additionally, each party shall e-file a Notice of Submission of

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Confidential Settlement Conference Statement in compliance with Local

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Rule 270(d).

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Counsel shall not hesitate

Confidential Settlement Conference Statements shall (be
typed, double spaced and) include the following:

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a.

A brief summary of the core facts, allegations, and

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b.

A summary of the proceedings to date.

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c.

An estimate of the cost and time to be expended for

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defenses.

further discovery, pretrial, and trial.
d.

The nature of the relief sought.

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e.

An outline of past settlement efforts, including

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information regarding the "Pre-Settlement Conference Exchange of

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Demand and Offer" required above, and a history of past settlement

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discussions, offers, and demands.

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f.

the Settlement Conference.
3.

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A statement of each party=s expectations and goals for

Attendance of Trial Counsel and Parties Required
The attorneys who will try the case and parties with full and

complete settlement authority are required to personally attend.

An

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insured party shall appear by a representative of the insurer who is

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authorized to negotiate, and who has authority to settle the matter up

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to the limits of the opposing parties= existing settlement demand.

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uninsured corporate party shall appear by a representative authorized

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to negotiate, and who has authority to settle the matter up to the amount

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of the opposing parties= existing settlement demand or offer.

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with authority available by telephone is not an acceptable alternative,

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except under the most extenuating circumstances, which does not include

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out-of-town or out-of-state travel and the purchase of an airplane

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ticket.

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each conference.

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present to appreciate the process and the reasons that may justify a

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change in one=s perspective toward settlement.

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4.

An

A client

The Court generally sets aside at least a couple of hours for
Therefore, it is difficult for a party who is not

Mediation Format
The Court expects all counsel and party representatives to

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be fully prepared to participate.

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keep an open mind in order to reassess their previous positions and to

The Court encourages all parties to

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discover creative means for resolving the dispute.

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5.

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Issues to Be Discussed
The parties shall be prepared to discuss the following at the

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Settlement Conference:

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a.

Goals in the litigation and problems they would like to

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address in the Settlement Conference and understanding of the opposing

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side=s goals.

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b.

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The issues (inside and outside the lawsuit) that need

to be resolved.

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c.

The strengths and weaknesses of their case.

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d.

Their understanding of the opposing side=s view of the

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The points of agreement and disagreement (factual and

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case.

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legal) between the parties.

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f.
settlement.

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Any financial, emotional, and/or legal impediments to

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Whether settlement or further litigation better enables

the accomplishment of their respective goals.

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h.

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dispute.

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6.

Any possibilities for a creative resolution of the

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Statements Inadmissible
The parties are expected to address each other with courtesy

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and respect, and are encouraged to be candid and open in their

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discussions.

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Settlement Conference is not to be used in discovery and will not be

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admissible at trial.

Statements made by any party during the

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7.

Admonition

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If it is clear to counsel and/or the parties that this case

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is not in a settlement posture, counsel are directed to contact this

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Court=s chambers immediately for a continuance or to take it off

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calendar.

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following:

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Otherwise, this Court will assume and requires the

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That plaintiffs have provided defendants with a timely

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That the parties have met and conferred sufficiently at

demand;

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least once PRIOR to the Settlement Conference regarding possible

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settlement; and,

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3.

That the parties are therefore ready, willing, and able

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to settle the case, i.e., defendants have settlement authority and

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plaintiffs are willing to negotiate in good faith.

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If there is no settlement authority from either or any party

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and/or it is the hope that this Court assess strengths and weaknesses

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of each parties= cases such it will hopefully convince a party to dismiss

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this lawsuit, THIS IS NOT SETTLEMENT.

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are directed to coordinate a telephonic conference with this Court,

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through chambers at [phone], PRIOR to the Settlement Conference

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to discuss the status of settlement.

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sanctions against any or all parties if appearances are made and it was

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known to one or more parties that the case cannot settle.

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In such a situation, the parties

Failure to do so could result in

IT IS SO ORDERED.

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DATED:

9/11/2015

/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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