Quinones v. Donahoe

Filing 28

ORDER Regarding Settlement Conference Procedures, signed by Magistrate Judge Gary S. Austin on 5/22/2015. (Kusamura, W)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FELIPE QUINONES, 12 13 14 15 No. 1:13-cv-01553-LJO -GSA Plaintiff, v. ORDER REGARDING SETTLEMENT CONFERENCE PROCEDURES PATICK R. DONAHOE, Defendant. 16 17 Consideration of settlement is a serious matter that requires thorough preparation prior to 18 the settlement conference. Provided below are the procedures this Court will employ when 19 conducting the settlement conference scheduled for June 25, 2015, at 10:30 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 On occasion, this process will lead directly to a settlement. If settlement is not achieved, 1 1 plaintiff’s counsel shall deliver or fax copies of all settlement proposals along with his/her 2 Confidential Settlement Conference Statement to chambers. Copies of these documents are not to 3 be filed on the court docket. 4 B. Confidential Settlement Conference Statement 5 At least four (4) calendar days prior to the settlement conference, the parties shall submit 6 the Confidential Settlement Conference Statement to Judge Austin’s chambers via 7 gsaorders@caed.uscourts.gov. This statement shall include the following: 8 9 1. the party’s respective complaint or answer; 10 11 2. 3. A description outlining the factual and legal contentions upon which the parties agree or disagree; 14 15 A brief statement identifying those facts that support each cause of action or affirmative defense; 12 13 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; 16 5. A summary of the settlement attempts to date; 17 6. A statement of the specific relief sought; and 18 7. A statement identifying any third party (i.e., lien holder, etc.) with a legal 19 interest in this action. 20 C. Attendance 21 The attorneys who will try the case shall appear at the settlement conference accompanied 22 by the named parties and all persons having authority to negotiate the settlement.1 If appropriate, 23 the principal representative shall have approval to settle the action on the terms consistent with 24 the opposing party’s most recent demand. 25 D. Mediation Format 26 1 27 28 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 A mediation format will be employed during the settlement conference. The lawyers, the 2 parties, and all representatives must be fully prepared and will be expected to participate. The 3 Court encourages all participants to be flexible and to reassess their previous positions, as well as 4 put to forth their best efforts toward reaching a mutually agreeable settlement. 5 E. Statements Inadmissible 6 The Court expects full and candid participation during the settlement conference. With 7 this in mind, statements made by any party or attorney during the settlement conference are not to 8 be used in discovery and will not be admissible at trial. 9 10 11 F. Sanctions Failure to follow this procedure will result in removal of the settlement conference from the Court’s calendar and may result in additional sanctions. 12 13 14 15 IT IS SO ORDERED. Dated: May 22, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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