Smith v. Youngblood, et al

Filing 80

ORDER SETTING SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 11/17/2021. Settlement Conference set for 1/28/2022 at 10:00 AM before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WESTON ANTHONY SMITH,

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Plaintiffs,
v.
DONNY YOUNGBLOOD, et al.,
Defendants.

) Case No.: 1:15-cv-01749 MCE JLT
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) ORDER SETTING SETTLEMENT CONFERENCE
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The Court sets a settlement conference on January 28, 2022 at 10:00 a.m. via
videoconference.

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Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall

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appear at the Settlement Conference with the parties and the person or persons having full authority

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to negotiate and settle the case on any reasonable terms1discussed at the conference. Consideration

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of settlement is a serious matter that requires preparation prior to the settlement conference. Set forth

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below are the procedures the Court will employ, absent good cause, in conducting the conference.

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No later than December 17, 2021, the plaintiff SHALL submit to the defendant via fax or e-

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mail, a written itemization of damages and a meaningful2 settlement demand, which includes a brief

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explanation of why such a settlement is appropriate. Thereafter, no later than January 7, 2022, the

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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 may be represented by a
person whose recommendations about settlement are relied upon by the ultimate decision makers.
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“Meaningful” means the offer is reasonably calculated to settle the case on terms acceptable to the offering party.
“Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party. Rather, it
reflects a compromise, which considers the risk of loss for the party.

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defendant SHALL respond via fax or e-mail, with an acceptance of the offer or with a meaningful

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counteroffer, which includes a brief explanation of why such a settlement is appropriate. The parties

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SHALL continue to exchange counteroffers until it is no longer productive.

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If settlement is not achieved, each party SHALL attach copies of their settlement offers to their

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Confidential Settlement Conference Statement, as described below. Copies of these documents shall

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not be filed on the court docket.

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CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT
No later than January 21, 2022, the parties shall submit, directly to Judge Thurston's
chambers by e-mail to [e-mail], a Confidential Settlement Conference

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Statement. The statement should not be filed with the Clerk of the Court nor served on any other

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party, although the parties may file a Notice of Lodging of Settlement Conference Statement. Each

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statement shall be clearly marked "confidential" with the date and time of the Settlement Conference

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indicated 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 prevailing on the

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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

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of past settlement discussions, offers and demands.

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IT IS SO ORDERED.
Dated:

November 17, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE