Ortiz et al v. Alvarez et al

Filing 110

ORDER Re Settlement Conference, signed by Magistrate Judge Stanley A. Boone on 6/9/17: Settlement Conference set for July 26, 2017 at 11:30 a.m., Ctrm 9, before Magistrate Judge Boone. (Hellings, J)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SANDRA ORTIZ, et al., 11 Plaintiffs, 12 Case No. 1:15-cv-00535-DAD-EPG ORDER RE SETTLEMENT CONFERENCE v. 13 GERARDO ALVAREZ, et al., 14 Defendants. 15 16 This action has been referred to the undersigned for a settlement conference and a 17 settlement conference is currently set for July 26, 2017, at 11:30 a.m. in Courtroom 9 before the 18 undersigned. Unless otherwise permitted in advance by the Court, the attorneys who will try 19 the case shall appear at the Settlement Conference with the parties and the person or persons 20 having full authority to negotiate and settle the case on any terms1 at the conference. 21 Confidential Settlement Conference Statement: At least five (5) court days prior to the 22 Settlement Conference, the parties shall submit a Confidential Settlement Conference Statement 23 directly to Judge Boone’s chambers by e-mail to SABOrders@caed.uscourts.gov. The statement 24 should not be filed with the Clerk of the Court nor served on any other party, although the 25 1 26 27 28 Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements are subject to approval by legislative bodies, executive committees, boards of directors or the like shall be represented by a person or persons who occupy high executive positions in the party organization and who will be directly involved in the process of approval of any settlement offers or agreements. To the extent possible the representative shall have the authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party's most recent demand. 1 1 parties may file a Notice of Lodging of Settlement Conference Statement. Each statement shall 2 be clearly marked “confidential” with the date and time of the Settlement Conference indicated 3 prominently thereon. 4 The Confidential Settlement Conference Statement shall include the following: 5 A. A brief statement of the facts of the case. 6 B. A brief statement of the claims and defenses, i.e., statutory or other 7 grounds upon which the claims are founded; a forthright evaluation of the 8 parties’ likelihood of prevailing on the claims and defenses; and a 9 description of the major issues in dispute. 10 C. A summary of the proceedings to date. 11 D. An estimate of the cost and time to be expended for further discovery, 12 pretrial and trial. 13 E. The relief sought. 14 F. The party’s position on settlement, including present demands and offers 15 and a history of past settlement discussions, offers and demands. 16 The Court will vacate the settlement conference if the Court finds the settlement 17 conference will be neither productive nor meaningful to attempt to resolve all or part of this case. 18 As far in advance of the settlement conference as possible, a party shall inform the Court and 19 other parties that it believes the case is not in a settlement posture so the Court may vacate or 20 reset the settlement conference. 21 conference in good faith to attempt to resolve all or part of the case. Otherwise the parties shall proceed with the settlement 22 23 24 IT IS SO ORDERED. Dated: June 9, 2017 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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