Smith v. Youngblood, et al

Filing 33

ORDER Changing Location of the Settlement Conference; ORDER REGARDING SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 9/14/2016. Settlement conference set for 1/25/2017 at 09:30 AM at the United States Courthouse, 510 19th Street, Bakersfield. (Hall, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 WESTON ANTHONY SMITH, 16 ) ) ) ) ) ) ) ) ) ) 17 Related to the settlement conference set on January 25, 2017, the Court ORDERS: 18 1. 11 Plaintiff, 12 13 14 v. COUNTY OF KERN, et al., Defendants. 15 19 20 Case No.: 1:15-cv-01749 MCE JLT ORDER CHANGING LOCATION OF THE SETTLEMENT CONFERENCE; ORDER REGARDING SETTLEMENT CONFERENCE The settlement conference will occur at the United States Courthouse, located at 510 19th Street, Bakersfield, CA. 2. Unless otherwise permitted in advance by the Court, the attorneys who will try the case 21 shall appear at the Settlement Conference with the parties and the person or persons having full 22 authority to negotiate and settle the case on any terms1 at the conference. Consideration of settlement 23 is a serious matter that requires preparation prior to the settlement conference. Set forth below are the 24 procedures the Court will employ, absent good cause, in conducting the conference: a. 25 At least 21 days before the settlement conference, Plaintiff SHALL submit to 26 27 28 1 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 Defendant via fax or e-mail, a written itemization of damages and a meaningful settlement 2 demand which includes a brief explanation of why such a settlement is appropriate; b. 3 Thereafter, no later than 14 days before the settlement conference, Defendant 4 SHALL respond, via fax or e-mail, with an acceptance of the offer or with a meaningful2 5 counteroffer, which includes a brief explanation of why such a settlement is appropriate. c. 6 If settlement is not achieved, each party SHALL attach copies of their 7 settlement offers to their Confidential Settlement Conference Statement, as described below. 8 Copies of these documents shall not be filed on the court docket. d. 9 No later than January 18, 2017 the Settlement Conference, the parties shall 10 submit, directly to Judge Thurston’s chambers by e-mail to, a 11 Confidential Settlement Conference Statement. The statement should not be filed with the 12 Clerk of the Court nor served on any other party, although the parties may file a Notice of 13 Lodging of Settlement Conference Statement. Each statement shall be clearly marked 14 “confidential” with the date and time of the Settlement Conference indicated prominently 15 thereon; e. 16 The Confidential Settlement Conference Statement shall include the following: 17 A. A brief statement of the facts of the case; 18 B. A brief statement of the claims and defenses, i.e., statutory or other 19 grounds upon which the claims are founded; a forthright evaluation of the 20 parties’ likelihood of prevailing on the claims and defenses; and a description of 21 the major issues in dispute; 22 C. A summary of the proceedings to date; 23 D. An estimate of the cost and time to be expended for further discovery, 24 pretrial and trial; 25 E. 26 /// 27 The relief sought; /// 28 2 “Meaningful” means that the offer is reasonably calculated to settle the case on terms acceptable to the offering party. “Meaningful” does not include an offer which bears no rationale relationship to the likely outcome of the case or that which the offering party knows will not be acceptable to the other party. The party’s position on settlement, including present demands and offers 1 F. 2 and a history of past settlement discussions, offers and demands. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: September 14, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?