Garcia v. County of Fresno

Filing 20

ORDER Regarding Settlement Conference Procedures signed by Magistrate Judge Gary S. Austin on 1/3/2014. (Martinez, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

REX GARCIA,

12

Plaintiff,

13
14

No. 1:13-cv-00783-GSA

v.

ORDER REGARDING SETTLEMENT
CONFERENCE PROCEDURES

COUNTY OF FRESNO,

15

Defendant.

16
Consideration of settlement is a serious matter that requires thorough preparation prior to

17
18

the settlement conference. Provided below are the procedures this Court will employ when

19

conducting the settlement conference scheduled for February 21, 2014, at 10:00 a.m.

20

A. Required Pre-Settlement Conference Communications

21

A settlement conference is more likely to be productive if the parties have exchanged

22

written settlement proposals in advance of the conference. Accordingly, at least twenty-one (21)

23

calendar days prior to the settlement conference, plaintiff’s counsel shall submit a written

24

itemization of damages and a good faith settlement demand to defendant’s counsel with a brief

25

explanation of why the demand is appropriate. Thereafter, but no later than seven (7) calendar

26

days prior to the settlement conference, defendant’s counsel shall submit a good faith written

27

offer to plaintiff’s counsel with a brief explanation of why the offer is appropriate.

28

///

1

1

On occasion, this process will lead directly to a settlement. If settlement is not achieved,

2

plaintiff’s counsel shall deliver or fax copies of all settlement proposals along with his/her

3

Confidential Settlement Conference Statement to chambers. Copies of these documents are not to

4

be filed on the court docket.

5

B. Confidential Settlement Conference Statement

6

At least four (4) calendar days prior to the settlement conference, the parties shall submit

7

the Confidential Settlement Conference Statement to Judge Austin’s chambers via

8

[e-mail]. This statement shall include the following:

9
10

1.

the party’s respective complaint or answer;

11
12

2.

3.

A description outlining the factual and legal contentions upon which the

parties agree or disagree;

15
16

A brief statement identifying those facts that support each cause of action

or affirmative defense;

13
14

A list of all elements of each cause of action or affirmative defense pled in

4.

A description identifying the impediments to settlement, including

financial, emotional or legal concerns;

17

5.

A summary of the settlement attempts to date;

18

6.

A statement of the specific relief sought; and

19

7.

A statement identifying any third party (i.e., lien holder, etc.) with a legal

20

interest in this action.

21

C. Attendance

22

The attorneys who will try the case shall appear at the settlement conference accompanied

23

by the named parties and all persons having authority to negotiate the settlement.1 If appropriate,

24

the principal representative shall have approval to settle the action on the terms consistent with

25

the opposing party’s most recent demand.

26
27
28

1

Insurance carriers, business organizations, and governmental agencies whose settlement agreements are
subject to approval by legislative bodies, executive committees, boards of directors, et cetera, shall be represented by
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.

2

1

D. Mediation Format.

2

A mediation format will be employed during the settlement conference. The lawyers, the

3

parties, and all representatives must be fully prepared and will be expected to participate. The

4

Court encourages all participants to be flexible and to reassess their previous positions, as well as

5

put to forth their best efforts toward reaching a mutually agreeable settlement.

6

E. Statements Inadmissible

7

The Court expects full and candid participation during the settlement conference. With

8

this in mind, statements made by any party or attorney during the settlement conference are not to

9

be used in discovery and will not be admissible at trial.

10

F. Sanctions

11

Failure to follow this procedure will result in removal of the settlement conference from

12

the Court’s calendar and may result in additional sanctions.

13
14
15
16

IT IS SO ORDERED.
Dated:

17

January 3, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

18
19

DEAC_Signature-END:

6i0kij8d

20
21
22
23
24
25
26
27
28

3