Hamilton v. United States of America

Filing 29

ORDER Regarding Settlement Conference (set before Judge McAuliffe on September 17, 2015 at 9:30 a.m.), signed by Magistrate Judge Barbara A. McAuliffe on 8/10/2015. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CECIL HAMILTON, et al.,

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Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.

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) Case No.: 1:13-cv-01940-LJO-MJS
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) ORDER REGARDING SETTLEMENT
) CONFERENCE
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This case is set for a Settlement Conference before Magistrate Judge Barbara A. McAuliffe on

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September 17, 2015, at 9:30 a.m. in Courtroom 8 at the U.S. District Court, 2500 Tulare Street,

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

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try the case shall personally appear at the settlement conference with the parties and the person or

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persons having full 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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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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settlement conference indicated prominently.

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The settlement statement should not be lengthy but shall include a brief recitation of the facts,
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.
Dated:

/s/ Barbara

August 10, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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