Caruso v. Johnson et al

Filing 387

ORDER signed by Magistrate Judge Jeremy D. Peterson on 08/29/22 SETTING the deadlines as follows: Pre-Settlement Conference set to 9/19/2022 at 02:00 PM in Courtroom 9 (JDP), Settlement Conference set for 9/26/2022 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson, Confidential Settlement Conference Statement by each party due no later than 09/12/22.(Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GINA CARUSO,

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Case No. 1:15-cv-00780-AWI-EPG (PC)
Plaintiff,

v.
G. SOLORIO, et al.,
Defendant.

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 DISCUSSION

Magistrate Judge Jeremy D. Peterson will hold a settlement conference by Zoom on

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September 26, 2022 at 10:00 a.m. Counsel for the defendant(s) is directed to contact Courtroom

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Deputy Nic Cannarozzi via email at [e-mail] one week prior to the

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scheduled settlement conference to report on the institution’s ability to produce the inmate for a

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remote appearance. The court expects that the parties will proceed with the settlement conference

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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

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of 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: (1) all of the attorney(s) who will try

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the case; and (2) individuals with full authority to negotiate and settle the case, on any terms.

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No later than September 12, 2022, each party must submit to Judge Peterson’s chambers

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at [e-mail] a confidential settlement conference statement. These statements

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should neither be filed on the docket nor served on any other party. The statements should be

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marked “CONFIDENTIAL” and should state the date and time of the conference. While brevity

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is appreciated, each statement must 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, from your party’s

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perspective;

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(3) an itemized estimate of your party’s expected costs for further discovery, pretrial, and
trial matters, in specific dollar terms;

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(4) your best estimate of the probability that plaintiff will obtain a finding of liability
should this case proceed to trial, in percentage terms;

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(5) should this case proceed to trial and defendant be found liable, please provide the
following, in specific dollar terms:

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(a) a realistic high-end recovery estimate (i.e., realistic best- or worst-case
scenario)

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(b) a realistic low-end recovery estimate (i.e., realistic worst- or best-case
scenario), and

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(c) a best estimate of the most likely outcome;

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(6) a history of settlement discussions, including:

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(a) a statement of your expectations for settlement discussions;

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(b) a listing of any past and present settlement offers from any party (including all

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terms);

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(c) whether your party would consider making the opening offer or demand, and
what that offer might be1;
(7) a list of the individuals who will be participating in the settlement conference on your
party’s behalf, including each participant’s name and, if appropriate, title;
(8) plaintiff’s anticipated release date;

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Please note that Judge Peterson will consider this response, among others, in evaluating
whether proceeding with a settlement conference appears worthwhile.

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(9) an estimate of restitution and fees, including court fees and filing fees, owed by
plaintiff;
(10) identification of any related cases or of any other cases that the parties might wish to
discuss at this settlement conference; and
(11) a completed worksheet (blank version attached) highlighting your responses to
certain of the above questions.
In addition, a joint statement quoting the specific proposed language for the Settlement
Agreement and Affidavit including each party’s contentions with respect thereto.

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Judge Peterson will hold a short, pre-settlement conference telephone discussion on

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September 19, 2022 at 2:00 p.m. (dial-in number: 1-888-557-8511; passcode: 1273468). Only the

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lead attorney from each side2 should participate. At Judge Peterson’s discretion, the joint

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telephonic discussion may be followed by private telephonic discussions between the judge and

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each party.

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In accordance with the above, it is hereby ORDERED that:

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1. A pre-settlement conference is set before Magistrate Judge Peterson on September 19,

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2022 at 2:00 p.m.
2. A settlement conference is set before Magistrate Judge Peterson on September 26,
2022, at 10:00 a.m.
3. No later than September 12, 2022, each party must submit a confidential settlement
conference statement, as described above, to Magistrate Judge Peterson.

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Dated: August 29, 2022

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The court expects that the attorneys participating in the telephone discussion will also
participate in the settlement conference.

Pre-Settlement Worksheet
Please fill in each value below
Additional cost to your party expected
for . . . discovery
. . . pretrial
. . . trial
Estimated probability of liability
finding
Realistic high-end estimate of recovery
by P
Realistic low-end estimate of recovery
by P
Best estimate of recovery by P
Last offer/demand (if any) previously
made by your party
Last offer/demand (if any) previously
made by opposing party
Proposed next offer/demand by your
party

$
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%
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$