Rivera-Martinez et al v. Kern County et al

Filing 271

ORDER ADVANCING the Time for the Settlement Conference; ORDER RE SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 8/31/2018. Settlement Conference ADVANCED to 10/9/2018 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (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 CYNTHIA RIVERA-MARTINEZ and ARTURO MARTINEZ, 12 Plaintiffs, 13 vs. 14 KERN COUNTY, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No. 1:16-CV-00062 SEH ORDER ADVANCING THE TIME FOR THE SETTLEMENT CONFERENCE; ORDER RE SETTLEMENT CONFERENCE 17 18 The Court has set this matter for a settlement conference on October 9, 2018. (Doc. 257) To 19 allow sufficient time for the conference, the Court ADVANCES the conference to 9:00 a.m. In 20 addition, the Court ORDERS: 21 1. Unless otherwise permitted in advance by the Court, the attorneys who will try the 22 case SHALL appear at the Settlement Conference with the parties and the person or persons having 23 full authority to negotiate and settle the case on any reasonable terms1discussed at the conference. 24 2. Consideration of settlement is a serious matter that requires preparation prior to the 25 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 may be represented by a person whose recommendations about settlement are relied upon by the ultimate decision makers. 1 1 settlement conference. Set forth below are the procedures the Court will employ, absent good cause, 2 in conducting the conference. 3 a. At least 21 days before the settlement conference, the plaintiff SHALL submit 4 to the defendant via fax or e-mail, a written itemization of damages and a meaningful2 settlement 5 demand which includes a brief explanation of why such a settlement is appropriate. Thereafter, no later 6 than 14 days before the settlement conference, the defendant SHALL respond via fax or e-mail, with 7 an acceptance of the offer or with a meaningful counteroffer, which includes a brief explanation of why 8 such a settlement is appropriate. If it appears productive, the parties SHALL continue to exchange 9 offers until settlement is achieved or it appears settlement cannot be achieved absent the Court’s 10 11 assistance. If settlement is not achieved through this exchanged, each party SHALL attach copies of their 12 settlement offers to their Confidential Settlement Conference Statement, as described below. Copies of 13 these documents shall not be filed on the court docket. 14 b. At least five court days before the settlement conference, the parties shall 15 submit by e-mail to JLTOrders@caed.uscourts.gov, a confidential settlement conference statement. The 16 statement should not be filed with the Clerk of the Court and need not be served on any other party. 17 The parties may file a Notice of Lodging of Settlement Conference Statement. Each statement shall be 18 clearly marked “confidential” with the date and time of the Settlement Conference indicated 19 prominently thereon. 20 c. The confidential settlement conference statement shall include the following: 21 1. A brief statement of the facts of the case. 22 2. A brief statement of the claims and defenses, i.e., statutory or other 23 grounds upon which the claims are founded; a forthright evaluation of the 24 parties' likelihood of prevailing on the claims and defenses; and a 25 description of the major issues in dispute. 26 27 28 “Meaningful” means the offer is reasonably calculated to settle the case on terms acceptable to the other party. “Meaningful” does not include an offer which the offering party knows will not be acceptable to the opponent. 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. 2 2 1 3. A summary of the proceedings to date. 2 4. An estimate of the cost and time to be expended for further discovery, 3 pretrial and trial. 4 5. The relief sought. 5 6. The party's position on settlement, including present demands and offers 6 and a history of past settlement discussions, offers and demands. 7 8 9 IT IS SO ORDERED. Dated: August 31, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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