Shepherd v. Kohl's Department Stores, Inc.

Filing 51

ORDER SETTING Second Settlement Conference Before Magistrate Judge McAuliffe (Stipulation Doc. 50). SETTLEMENT CONFERENCE set for 8/15/2016 at 10:00 AM (instead of 11:00 a.m.) in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Note: additional information has been provided in the Order portion of this document. signed by Magistrate Judge Barbara A. McAuliffe on 6/14/2016. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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4 JUSTIN SHEPHERD,

Case No. 1:14-cv-01901-DAD-BAM

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Assigned for All Purposes:
Judge Dale A. Drozd

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Plaintiff,
v.

7 KOHL’S DEPARTMENT STORES, INC.,
and DOES 1 through 100,
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Defendant.
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ORDER SETTING SECOND
SETTLEMENT CONFERENCE BEFORE
MAGISTRATE JUDGE MCAULIFFE
Trial Date: October 25, 2016
Settlement Conf.: Aug. 15, 2016 at 10:00 am

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ATTORNEYS AT LAW
ONE POST STREET, SUITE 1000
SAN FRANCISCO, CALIFORNIA 94104
[phone]

PAYNE & FEARS LLP

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IT IS HEREBY ORDERED as follows:

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1.

Pursuant to Stipulation (Doc. 50) between the parties, this matter is referred to

13 Magistrate Judge Barbara A. McAuliffe for purposes of conducting a settlement conference on
14 August 15, 2016. The Conference will begin at 10:00 a.m. before Judge McAuliffe in courtroom
15 8 (BAM).
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2.

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

17 case shall personally appear at the settlement conference with the parties and the person or persons
18 having full authority to negotiate and settle the case, on any terms, at the conference.
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3.

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

20 submit directly to Judge McAuliffe’s chambers at [e-mail], a confidential
21 settlement conference statement. This statement should neither be filed with the clerk of the Court
22 nor served on any other party. Each statement shall be clearly marked “CONFIDENTIAL” with
23 the date and time of the mandatory settlement conference indicated prominently.
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4.

The settlement statement should not be lengthy but shall include a brief recitation

25 of the facts, a discussion of the strengths and weaknesses of the case, an estimate of the cost and
26 time to be expended for further pretrial and trial matters, and the relief sought. The parties are also
27 directed to include a candid statement on the party’s position on settlement, including the amount
28 which the party will accept to settle, realistic settlement expectations, present settlement proposals,

1 and a history of past settlement discussions, offers, demands, and a report on settlement efforts to
2 date.
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5.

This Court will vacate the settlement conference if the Court finds the settlement

4 conference will be neither productive nor meaningful to attempt to resolve all or part of this case.
5 As far in advance of the settlement conference as possible, a party shall inform the Court and other
6 parties that it believes the case is not in a settlement posture so the Court may vacate or reset the
7 settlement conference. Otherwise the parties shall proceed with the settlement conference in good
8 faith to attempt to resolve all or part of the case.
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11
ATTORNEYS AT LAW
ONE POST STREET, SUITE 1000
SAN FRANCISCO, CALIFORNIA 94104
[phone]

PAYNE & FEARS LLP

10 IT IS SO ORDERED.

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Dated:

/s/ Barbara

June 14, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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-2ORDER SETTING SETTLEMENT CONFERENCE BEFORE MAGISTRATE JUDGE McAULIFFE