Fulfer v. WinCo Holdings, Inc.

Filing 34

ORDER SETTING a Settlement Conference set for 5/31/2017 at 11:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Order signed by Magistrate Judge Erica P. Grosjean on 5/16/2017. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRADLEY FULFER,

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Case No. 1:15-cv-00999-TLN-EPG

Plaintiff,

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ORDER SETTING SETTLEMENT
CONFERENCE FOR MAY 31, 2017

v.

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WINCO HOLDINGS, INC.,

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Defendant.

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On May 15, 2017, counsel for the parties in this action appeared before Magistrate Judge

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14 Stanley A. Boone for a settlement conference in a similar, but unrelated action.

Counsel

15 requested that the undersigned conduct a settlement conference in this action. Accordingly, a
16 settlement conference is set for May 31, 2017 at 11:30 a.m. in Courtroom 9 before Magistrate
17 Judge Stanley A. Boone.
Unless otherwise permitted in advance by the Court, the attorneys who will try the case

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19 shall appear at the Settlement Conference with the parties and the person or persons having full
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20 authority to negotiate and settle the case on any terms at the conference.

Confidential Settlement Conference Statement: At least five (5) court days prior to the

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22 Settlement Conference, the parties shall submit a Confidential Settlement Conference Statement
23 directly to Judge Boone’s chambers by e-mail to [e-mail]. Each party’s
24 confidential settlement statement shall not exceed ten (10) pages in length. The statement
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Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements are

26 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

27 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

28 party's most recent demand.

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1 should not be filed with the Clerk of the Court nor served on any other party, although the
2 parties may file a Notice of Lodging of Settlement Conference Statement. Each statement shall
3 be clearly marked “confidential” with the date and time of the Settlement Conference indicated
4 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

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which the claims are founded; a forthright evaluation of the parties’ likelihood of

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prevailing on the claims and 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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F.

The party’s position on settlement, including present demands and offers and a
history of past settlement discussions, offers and demands.

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The Court will vacate the settlement conference if the Court finds the settlement

18 conference will be neither productive nor meaningful to attempt to resolve all or part of this case.
19 As far in advance of the settlement conference as possible, a party shall inform the Court and
20 other parties that it believes the case is not in a settlement posture so the Court may vacate or
21 reset the settlement conference.

Otherwise the parties shall proceed with the settlement

22 conference in good faith to attempt to resolve all or part of the case.
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IT IS SO ORDERED.
Dated:

May 16, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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