G.P.P., Inc. v. Guardian Protection Products, Inc.

Filing 356

ORDER RE SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 1/22/2020. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 G.P.P., INC,

CASE NO. 1:15-cv-00321 SKO

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Plaintiff,

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ORDER RE SETTLEMENT CONFERENCE

v.

14 GUARDIAN PROTECTION PRODUCTS
INC., et al.,
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Defendants.
16 _______________________________________
17 AND RELATED CROSS ACTION
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The Court has been advised that the parties wish to engage in a court-sponsored settlement

20 conference and has set the matter on March 19, 2020.
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Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall

22 appear at the Settlement Conference with the parties and the person or persons having full authority to
23 negotiate and settle the case on any reasonable terms1discussed at the conference. Consideration of
24 settlement is a serious matter that requires preparation prior to the settlement conference. Set forth below
25 are the procedures the Court will employ, absent good cause, in conducting the conference.
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At least 21 days before the settlement conference, Plaintiff SHALL submit to the claimants via

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Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements are

28 subject to approval by legislative bodies, executive committees, boards of directors or the like may be represented by a person
whose recommendations about settlement are relied upon by the ultimate decision makers.

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1 fax or e-mail, a written itemization of damages and a meaningful settlement demand which includes a

2 brief explanation of why such a settlement is appropriate. Thereafter, no later than 14 days before the
3 settlement conference, the claimants SHALL respond via fax or e-mail, with an acceptance of the offer
4 or with a meaningful counteroffer, which includes a brief explanation of why such a settlement is
5 appropriate. The parties SHALL continue to exchange offers until doing so is no longer fruitful.
If settlement is not achieved, each party SHALL attach copies of their settlement offers to their

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7 confidential settlement conference statement, as described below. Copies of these documents need not be
8 filed on the court docket.
CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT

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At least five court days before the settlement conference, the parties shall submit, directly to

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11 Judge Thurston's chambers by e-mail to [e-mail], a confidential settlement
12 conference statement. If the party wishes the statement to remain confidential, the party should not file
13 the statement with the Clerk of the Court or serve it on any other party. The parties may file a Notice
14 of Lodging of Settlement Conference Statement. Each statement shall be clearly marked "confidential"
15 with the date and time of the settlement conference indicated prominently thereon.
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The confidential settlement conference statement shall include the following:

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A.

A brief statement of the facts of the case.

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B.

A brief statement of the claims and defenses, i.e., statutory or other grounds upon which

19 the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on the claims and
20 defenses; and a description of the major issues in dispute.
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C.

A summary of the proceedings to date.

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D.

An estimate of the cost and time to be expended for further discovery, pretrial and trial.

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E.

The relief sought.

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“Meaningful” means the offer is reasonably calculated to settle the case on terms acceptable to the offering party.
27 “Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party. If, however,
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the offering party is only willing to offer a settlement which it knows the other party will not accept, this should trigger a

28 recognition the case is not in a settlement posture and the parties should confer about continuing the settlement conference via
stipulation.

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F.

The party's position on settlement, including present demands and offers and a history of

2 past settlement discussions, offers and demands.
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IT IS SO ORDERED.
Dated:

January 22, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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