Johnson v. Johnson

Filing 87

ORDER REQUIRING PLAINTIFF TO SUBMIT CONFIDENTIAL SETTLEMENT STATEMENT BY MARCH 15, 2018. Signed by Magistrate Judge Stanley A. Boone on 3/14/2018. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD JOHNSON,

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Plaintiff,

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Case No. 1:15-cv-01793-MJS
ORDER REQUIRING PLAINTIFF TO
SUBMIT CONFIDENTIAL SETTLEMENT
STATEMENT

v.
GERALD JOHNSON,

DEADLINE: MARCH 15, 2018 by noon

Defendant.

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The parties stipulated to participate in a settlement conference on March 16, 2018. (ECF

18 No. 86.) Defendant has submitted a confidential settlement statement. However, no confidential
19 settlement statement has been received from Plaintiff.
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The court spends considerable time preparing for settlement conference so as to make it

21 meaningful to the parties and results in a greater likelihood of settlement success. Settlement is
22 extremely important in this district where the judges have one of the highest caseloads per judge
23 in the United States.

The settlement conference statement assists the court in adequately

24 preparing for these matters. They are not pro forma.
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Therefore, the Court shall require Plaintiff to submit a Confidential Settlement Statement

26 by noon on March 15, 2018. Plaintiff shall submit a Confidential Settlement Conference
27 Statement directly to Judge Boone’s chambers by e-mail to [e-mail].
28 Once received a copy of the statement will be forwarded to Judge Seng. The statement should

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

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grounds upon which the claims are founded; a forthright evaluation of the

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parties’ likelihood of 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 settlement conference may be vacated if the court finds that the settlement

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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.

25 Dated:

March 14, 2018
UNITED STATES MAGISTRATE JUDGE

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