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)

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 [e-mail], 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