McCoy v. Holguin et al
Filing
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ORDER (1) SETTING SETTLEMENT CONFERENCE, (2) REQUIRING PERSONAL ATTENDANCE BY CERTAIN INDIVIDUALS, (3) REQUIRING SETTLEMENT CONFERENCE STATEMENT MEETING CERTAIN PARAMETERS, AND (4) SCHEDULING PRE-CONFERENCE TELEPHONIC DISCUSSION, signed by Magistrate Judge Helena M. Barch-Kuchta on 11/25/2020(Dunbar-Kari, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LAKEITH L. MCCOY,
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Plaintiff,
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ORDER (1) SETTING SETTLEMENT
CONFERENCE, (2) REQUIRING
PERSONAL ATTENDANCE BY CERTAIN
INDIVIDUALS, (3) REQUIRING
SETTLEMENT CONFERENCE
STATEMENT MEETING CERTAIN
PARAMETERS, AND (4) SCHEDULING
PRE-CONFERENCE TELEPHONIC
DISCUSSION
v.
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CASE NO. 1:15-cv-00768 DAD HBK
HOLGUIN et al,
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Defendant,
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Magistrate Judge Helena Barch-Kuchta will hold a settlement conference on January 22, 2021
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at 10:00 a.m. via Zoom. The court expects that the parties will proceed with the settlement
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conference in good faith and attempt to resolve all or part of the case. If any party believes that the
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settlement conference will not be productive, that party shall so inform the court as far in advance of
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the settlement conference as possible. Unless otherwise permitted in advance by the court, the
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following individuals must attend the settlement conference in person: (1) all of the attorneys who will
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try the case; (2) the parties, except as noted below; and (3) individuals with full authority to negotiate
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and settle the case, on any terms. Parties affiliated with the California Department of Corrections and
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Rehabilitation are excused from personal attendance if and only if they are available to confer with
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their counsel by telephone at all times during the settlement conference.
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No later than two weeks prior to the settlement conference, each party must submit to Judge
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Barch-Kuchta’s chambers by email (address hbkorders@caed.uscourts.gov) or, in the case of
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incarcerated parties, by U.S. Mail (address: US District Court, P.O. Box 575, Yosemite National Park,
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CA 95389), a confidential settlement conference statement. These statements should neither be filed
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on the docket nor served on any other party. The statements should be marked “CONFIDENTIAL”
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and should state the date and time of the conference. The statements should not be lengthy but should
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include
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(1) a brief recitation of the facts;
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(2) a discussion of the strengths and weaknesses of the case;
(3) an itemized estimate of the expected costs for further discovery, pretrial, and trial matters,
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in specific dollar terms;
(4) your best estimate of the probability that plaintiff will prevail should this case proceed to
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trial;
(5) your best estimate of recovery by plaintiff should this case proceed to trial and plaintiff
prevail (in specific dollar terms);
(6) a history of settlement discussions (including a listing of any current settlement offers from
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any party, in specific dollar terms), a candid statement of your party’s current position on settlement,
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including the amount that you will give/accept to settle (in specific dollar terms), and a statement of
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your expectations for settlement discussions;
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(7) a list of the individuals who will be attending the settlement on the party’s behalf, including
names and, if appropriate, titles.
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Magistrate Judge Helena Barch-Kuchta will hold a short, pre-settlement conference telephone
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discussion on January 15, 2021 at 2:00 p.m. (dial-in number: 1-888-204-5984; passcode: 4446176).
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Only the lead attorney from each side should participate.
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IT IS SO ORDERED.
Dated:
November 25, 2020
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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