Casey v. DNOW, L.P.

Filing 45

ORDER SETTING SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 3/21/2017. Settlement Conference set for 5/4/2017 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LORI CASEY, 12 Plaintiff, 13 14 CASE NO.: 1:15-CV-01899-DAD-JLT ORDER SETTING SETTLEMENT CONFERENCE vs. DNOW, L.P., and Does 1-25, 15 Defendants. 16 17 At the request of counsel, the Court sets a settlement conference on May 4, 2017 at 10:00 18 a.m. before the Honorable Sheila K. Oberto in Courtroom 7 at the Robert E. Coyle Federal 19 Courthouse located at 2500 Tulare Street, Fresno, CA.1 1. 20 Unless otherwise permitted in advance by the Court, the attorneys who will try the 21 case shall appear at the Settlement Conference with the parties and the person or persons having 22 full authority to negotiate and settle the case on terms discussed at the conference. Consideration 23 of settlement is a serious matter that requires preparation prior to the settlement conference. Set 24 forth below are the procedures the Court will employ, absent good cause, in conducting the 25 conference: 2. 26 At least 21 days before the settlement conference, Plaintiff SHALL submit to 27 28 1 The settlement conference, previously set on May 19, 2017 is VACATED. 1 1 Defendant via fax or e-mail, a written itemization of damages and a meaningful2 settlement 2 demand, which includes a brief explanation of why such a settlement is appropriate; 3 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 meaningful 5 counteroffer, which includes a brief explanation of why such a settlement is appropriate. 6 4. If settlement is not achieved, each party SHALL attach copies of their settlement 7 offers to their Confidential Settlement Conference Statement, as described below. Copies of these 8 documents shall not be filed on the court docket. 9 5. No later than April 27, 2017 the Settlement Conference, the parties shall submit, 10 directly to Judge Oberto’s chambers by e-mail to, a Confidential 11 Settlement Conference Statement. The statement should not be filed with the Clerk of the Court 12 nor served on any other party, although the parties may file a Notice of Lodging of Settlement 13 Conference Statement. Each statement shall be clearly marked “confidential” with the date and 14 time of the Settlement Conference indicated prominently thereon; 15 6. The Confidential Settlement Conference Statement shall include the following: 16 A. A brief statement of the facts of the case; 17 B. A brief statement of the claims and defenses, i.e., statutory or other grounds 18 upon which the claims are founded; a forthright evaluation of the parties’ likelihood of prevailing 19 on the claims and defenses; and a description of the major issues in dispute; 20 C. A summary of the proceedings to date; 21 D. An estimate of the cost and time to be expended for further discovery, 22 pretrial and trial; 23 E. 24 /// 25 The relief sought; /// 26 27 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 the offering party knows will not be acceptable to the other party. 2 1 2 F. The party’s position on settlement, including present demands and offers and a history of past settlement discussions, offers and demands. 3 4 5 IT IS SO ORDERED. Dated: March 21, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 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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