Gray v. Elliott Family Construction, LLC

Filing 18

ORDER SETTING SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 5/16/2016. Settlement Conference set for 6/8/2016 at 10:00 AM in Courtroom 10 (EPG), Fresno, before Magistrate Judge Erica P. Grosjean. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR GRAY,

) Case No.: 1:16-cv-00156 JLT
)
Plaintiff,
) ORDER SETTING SETTLEMENT
) CONFERENCE
v.
)
ELLIOTT FAMILY CONSTRUCTION LLC, )
)
Defendant.
)
The parties agree that they may be able to settle this matter without significant discovery.
(Doc. 16) Thus, the Court ORDERS:
1.

A settlement conference is set on June 8, 2016 at 10:00 a.m. before the Honorable

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Erica P. Grosjean in courtroom 10 of the Robert E. Coyle Federal Courthouse located at 2500 Tulare

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Street, Fresno, CA;

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2.

The parties SHALL conduct the site inspection sufficiently in advance of the

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settlement conference so that they are prepared to participate meaningfully in the settlement

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conference;

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3.

To the extent not already done, the parties SHALL make their initial disclosures, via

email or overnight mail, so that it is received no later than May 20, 2016;
4.

Counsel SHALL meet and confer no later than May 23, 2016 and determine which

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discovery they will provide informally to allow them to be prepared for the settlement conference. In

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the event they cannot agree on what information they will produce, no later than May 24, 2016 they

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SHALL alert the Court so that it can participate in an informal telephonic conference to assist the

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parties in this regard;

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5.

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

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

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authority to negotiate and settle the case on any terms1 at the conference. Consideration of settlement

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is a serious matter that 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:
a.

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No later May 31, 2016 than the settlement conference, Plaintiff SHALL submit

to Defendant via fax or e-mail, a written itemization of damages and a meaningful settlement
demand which includes a brief explanation of why such a settlement is appropriate;
b.

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Thereafter, no later June 3, 2016, Defendant SHALL respond, via fax or e-

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mail, with an acceptance of the offer or with a meaningful2 counteroffer, which includes a brief

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explanation of why such a settlement is appropriate.
c.

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

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settlement offers to their Confidential Settlement Conference Statement, as described below.

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Copies of these documents shall not be filed on the court docket.
d.

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No later than June 6, 2016, the parties shall submit, directly to Judge

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Grosjean’s chambers by e-mail to [e-mail], a confidential settlement

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conference statement. The statement should not be filed with the Clerk of the Court nor served

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on any other party, although the parties may file a Notice of Lodging of Settlement Conference

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Statement. Each statement shall be clearly marked “confidential” with the date and time of the

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Settlement Conference indicated prominently thereon;
e.

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The confidential settlement conference statement shall include the following:
A.

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A brief statement of the facts of the case;

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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 shall be represented by
a person or persons who occupy high executive positions in the party organization and who will be directly involved in
the process of approval of any settlement offers or agreements. To the extent possible the representative shall have the
authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party’s most recent
demand.
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“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.

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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

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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,

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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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IT IS SO ORDERED.
Dated:

May 16, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE