Goff v. Gamez et al

Filing 84

ORDER Setting Settlement Conference; Requiring Personal Attendance by Certain Individuals; Requiring Settlement Conference Statement Meeting Certain Parameters and Scheduling Pre-Conference Telephonic Discussion, signed by Magistrate Judge Jeremy D. Peterson on 8/29/2019. (Settlement Conference set for 11/8/2019 at 10:00 AM in Courtroom 6 (MJS) before Magistrate Judge Jeremy D. Peterson ; Pre-Settlement Conference (Telephone Discussion)on 10/21/2019 at 2:00 p.m.)(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS L. GOFF, 12 CASE NO. 1:15-cv-00937 AWI EPG Plaintiff, 13 14 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. GAMEZ, 15 Defendant, 16 17 18 19 Magistrate Judge Jeremy D. Peterson will hold a settlement conference on November 8, 2019 20 at 10:00 a.m. in Courtroom 6 at the U.S. District Court, 2500 Tulare Street, Fresno, California, 93721. 21 The court expects that the parties will proceed with the settlement conference in good faith and 22 attempt to resolve all or part of the case. If any party believes that the settlement conference will not 23 be productive, that party shall so inform the court as far in advance of the settlement conference as 24 possible. Unless otherwise permitted in advance by the court, the following individuals must attend 25 the settlement conference in person: (1) all of the attorneys who will try the case; (2) the parties, 26 except as noted below; and (3) individuals with full authority to negotiate and settle the case, on any 27 terms. Parties affiliated with the California Department of Corrections and Rehabilitation are excused 28 from personal attendance if and only if they are available to confer with their counsel by telephone at 1 1 all times during the settlement conference. 2 No later than two weeks prior to the settlement conference, each party must submit to Judge 3 Peterson’s chambers by email (address: jdporders@caed.uscourts.gov) or, in the case of incarcerated 4 parties, by U.S. Mail (address: US District Court, P.O. Box 575, Yosemite National Park, CA 95389), 5 a confidential settlement conference statement. These statements should neither be filed on the docket 6 nor served on any other party. The statements should be marked “CONFIDENTIAL” and should state 7 the date and time of the conference. The statements should not be lengthy but should include 8 (1) a brief recitation of the facts; 9 (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, 10 11 in specific dollar terms; (4) your best estimate of the probability that plaintiff will prevail should this case proceed to 12 13 14 15 16 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 17 any party, in specific dollar terms), a candid statement of your party’s current position on settlement, 18 including the amount that you will give/accept to settle (in specific dollar terms), and a statement of 19 your expectations for settlement discussions; 20 21 (7) a list of the individuals who will be attending the settlement on the party’s behalf, including names and, if appropriate, titles. 22 Magistrate Judge Jeremy D. Peterson will hold a short, pre-settlement conference telephone 23 discussion on October 21, 2019 at 2:00 p.m. (dial-in number: 1-888-204-5984; passcode: 4446176). 24 Only the lead attorney from each side should participate. 25 26 27 28 2 1 2 IT IS SO ORDERED. 3 4 Dated: August 29, 2019 UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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