West v. Hulbert

Filing 52

ORDER Setting Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 11/17/18. (Settlement Conference set for 1/31/2019 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:16-cv-00046-DAD-JLT (PC)

MACK A. WEST, Jr.,

ORDER SETTING SETTLEMENT
CONFERENCE

Plaintiff,
v.

DATE: January 31, 2019
TIME: 10:00 a.m.

HULBERT, et al.,
Defendants.

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On October 29, 2018, the parties were ordered to notify the court whether a settlement

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conference would be beneficial. (Doc. 49.) After reviewing the statements filed by each party

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(Docs. 50 & 51), the Court has determined that this case will benefit from a settlement

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conference. Therefore, this case will be referred to Magistrate Judge Stanley A. Boone to

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conduct a settlement conference at the U. S. District Court, 2500 Tulare Street, Fresno, California

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93721 in Courtroom #9 on January 31, 2019 at 10:00 a.m. The Court will issue the necessary

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transportation order in due course.

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The Court ORDERS:

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1. This case is set for a settlement conference before Magistrate Judge Stanley A. Boone

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on January 31, 2019, at 10:00 a.m. at the U. S. District Court, 2500 Tulare Street,

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Fresno, California 93721 in Courtroom #9.

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2. Unless otherwise permitted in advance by the Court, the attorneys who will try the

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case shall appear at the Settlement Conference with the parties and the person or

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persons having full authority to negotiate and settle the case on any reasonable terms1

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discussed at the conference. Consideration of settlement is a serious matter that

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requires preparation prior to the settlement conference. Set forth below are the

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

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3. The parties must be prepared to discuss the claims, defenses and damages. The failure

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of any counsel, party or authorized person subject to this order to appear may result in

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the imposition of sanctions. In addition, the conference will not proceed and will be

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reset to another date.

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4. No later than December 10, 2018, Plaintiff SHALL submit to Defendants, by mail, a

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

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a brief explanation of why such a settlement is appropriate, not to exceed ten pages in

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length.

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5. No later than January 4, 2019, Defendants SHALL respond, by telephone or in

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person, with an acceptance of the offer or with a meaningful counteroffer, which

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includes a brief explanation of why such a settlement is appropriate. If settlement is

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achieved, defense counsel is to immediately inform the Courtroom Deputy of

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Magistrate Judge Thurston.

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6. If settlement is not achieved informally, the defendant is directed to submit

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confidential settlement statements no later than January 24, 2019 to the following

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email address: [e-mail]. Plaintiff shall mail his confidential

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settlement statement Attn: Magistrate Judge Stanley A. Boone, USDC CAED, 2500

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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. If, however, the offering party is only willing to offer a settlement which it knows the other party will not
accept, this should trigger a recognition the case is not in a settlement posture and the parties should confer about
continuing the settlement conference via stipulation.

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Tulare Street, Fresno, California 93721 so it arrives no later than January 24, 2019.

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The envelope shall be marked “Confidential Settlement Statement.” Parties shall also

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file a “Notice of Submission of Confidential Settlement Statement.” (See Local Rule

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270(d).)

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Settlement statements should not be filed with the Clerk of the Court nor served on

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any other party. Settlement statements shall be clearly marked “confidential” with

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the date and time of the settlement conference indicated prominently thereon.

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The confidential settlement statement shall be no longer than five pages in length,

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typed or neatly printed, and 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

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dispute.

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c. An estimate of the cost and time to be expended for further discovery, pretrial, and

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trial.
d. The party’s position on settlement, including present demands and offers and a

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history of past settlement discussions, offers, and demands.
e. A brief statement of each party’s expectations and goals for the settlement

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conference, including how much a party is willing to accept and/or willing to pay.

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f. If the parties intend to discuss the joint settlement of any other actions or claims

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not in this suit, give a brief description of each action or claim as set forth above,

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including case number(s) is applicable.

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IT IS SO ORDERED.
Dated:

November 17, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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