Cozad v. AstraZeneca LP

Filing 64

ORDER Regarding Settlement Conference (set for September 30, 2016 at 11:00 am before Judge McAuliffe). PERSONAL Appearance by Plaintiff and Defense Counsel Required. signed by Magistrate Judge Barbara A. McAuliffe on 9/16/2016. (Herman, H)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 KATHERINE COZAD, CASE NO. 1:14-cv-02049-SKO Plaintiff, ORDER REGARDING SETTLEMENT CONFERENCE 13 14 v. PERSONAL APPEARANCE BY PLAINTIFF AND DEFENSE COUNSEL REQUIRED ASTRAZENCA, LP, 15 16 Defendant. 17 / 18 19 This case is set for a Settlement Conference before Magistrate Judge Barbara A. McAuliffe on 20 September 30, 2016 at 11:00 am in Courtroom 8 at the U.S. District Court, 2500 Tulare Street, 21 Fresno, California, 93721. Based on the parties’ availability, the settlement conference will not begin 22 until late morning. For that reason, the Court does not intend to take a customary lunch break. The 23 parties should therefore be prepared to work through the lunch hour. Unless otherwise permitted in 24 advance by the Court, the attorneys who will try the case shall personally appear at the settlement 25 conference with the parties and the person or persons having full authority to negotiate and settle the 26 case, on any terms, at the conference. 27 No later than seven days prior to the settlement conference, each party shall submit directly to 28 Judge McAuliffe’s chambers at, a confidential settlement conference 1 1 statement. This statement should neither be filed with the clerk of the Court nor served on any other 2 party. Each statement shall be clearly marked “CONFIDENTIAL” with the date and time of the 3 mandatory settlement conference indicated prominently. 4 The settlement statement should not be lengthy but shall include a brief recitation of the facts, 5 a discussion of the strengths and weaknesses of the case, an estimate of the cost and time to be 6 expended for further pretrial and trial matters, and the relief sought. The parties are also directed to 7 include a candid statement on the party’s position on settlement, including the amount which the 8 party will accept to settle, realistic settlement expectations, present settlement proposals, and a 9 history of past settlement discussions, offers, demands, and a report on settlement efforts to date. 10 This Court will vacate the settlement conference if the Court finds the settlement conference 11 will be neither productive nor meaningful to attempt to resolve all or part of this case. As far in 12 advance of the settlement conference as possible, a party shall inform the Court and other parties that 13 it believes the case is not in a settlement posture so the Court may vacate or reset the settlement 14 conference. Otherwise the parties shall proceed with the settlement conference in good faith to attempt 15 to resolve all or part of the case. 16 17 18 19 IT IS SO ORDERED. Dated: /s/ Barbara September 16, 2016 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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