Arcure, et al. v. Meeker, et al.

Filing 42

ORDER Regarding Settlement Conference, signed by Magistrate Judge Barbara A. McAuliffe on 8/9/2013. (Herman, H)

Arcure, et al. v. Meeker, et al.

Doc. 42

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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YVONNE ARCURE, KEVIN COOK,
JOSEPH FESSENDEN, LISA HUFF &
KATHREN WOODSIDE,

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Plaintiffs,

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CASE NO. 1:13-cv-00541-LJO-BAM

ORDER REGARDING SETTLEMENT
CONFERENCE

v.
CALIFORNIA DEPARTMENT OF
DEVELOPMENTAL SERVICES,
DEBORAH MEEKER, JEFFREY
BRADLEY, SCOTT GARDNER,
DOUGLAS LOEHNER, DAVID CORRAL,
MICHAEL FLORES, and MARK
RODRIGUEZ,
Defendant.

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This case is set for a Settlement Conference before Magistrate Judge Barbara A. McAuliffe on

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September 19, 2013 at 9:30 am in Courtroom 8 at the U.S. District Court, 2500 Tulare Street, Fresno,

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California, 93721. Unless otherwise permitted in advance by the Court, the attorneys who will try the

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case shall 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 terms, at the conference.

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No later than seven days prior to the settlement conference, each party shall submit directly to

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

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Dockets.Justia.com

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statement. This statement should neither be filed with the clerk of the Court nor served on any other

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

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mandatory 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.

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Dated:

August 9, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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