Tenorio et al v. Gallardo et al

Filing 120

ORDER SETTING SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 2/22/2019. Settlement Conference set for 3/12/2019 at 01:30 PM 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 LUCARIA TENORIO, et al., 12 13 14 Plaintiffs, v. GABRIEL GALLARDO SR., et al., 15 Defendants. ) Case No.: 1:16-cv-00283 DAD JLT ) ) ORDER SETTING SETTLEMENT CONFERENCE ) ) ) ) ) ) 16 17 Judge Dale A. Drozd ordered the parties to contact the Court to schedule a settlement 18 conference. They have done this and agreed upon a date for the conference. Thus, the Court 19 ORDERS: 20 21 22 1. The settlement conference is scheduled for March 12, 2019 at 1:30 p.m., located at 510 19th Street, Bakersfield, California; 2. Unless otherwise permitted in advance by the Court, the attorneys who will try the 23 case shall appear at the Settlement Conference with the parties and the person or persons having full 24 authority to negotiate and settle the case on any reasonable terms1discussed at the conference. 25 Consideration of settlement is a serious matter that requires preparation prior to the settlement 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 conference. Set forth below are the procedures the Court will employ, absent good cause, in 2 conducting the conference. 3 3. No later than Wednesday, February 26, 2019, the plaintiffs SHALL submit to the 4 defendant via fax or e-mail, a written itemization of damages and a meaningful2 settlement demand 5 which includes a brief explanation of why such a settlement is appropriate; 6 4. No later March 4,2019, the defendant SHALL respond via fax or e-mail, with an 7 acceptance of the offer or with a meaningful counteroffer, which includes a brief explanation of why 8 such a settlement is appropriate. 9 5. If settlement is not achieved, each party SHALL attach copies of their settlement offers 10 to their Confidential Settlement Conference Statement, as described below. Copies of these 11 documents shall not be filed on the court docket. 12 13 A. CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT No later than March 8, 2019, the parties shall submit, directly to Judge Thurston's chambers 14 by e-mail to JLTOrders@caed.uscourts.gov, a Confidential Settlement Conference Statement. The 15 statement should not be filed with the Clerk of the Court nor served on any other party, although 16 the parties may file a Notice of Lodging of Settlement Conference Statement. Each statement shall be 17 clearly marked "confidential" with the date and time of the Settlement Conference indicated 18 prominently thereon. 19 The Confidential Settlement Conference Statement shall include the following: 20 A. A brief statement of the facts of the case. B.21 A brief statement of the claims and defenses, i.e., statutory or other grounds upon which the claims are 22 founded; a forthright evaluation of the parties' likelihood of prevailing on the claims and defenses; and 23 a description of the major issues in dispute. 24 C. A summary of the proceedings to date. 25 26 27 28 2 “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. 2 1 D. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 2 E. The relief sought. 3 F. The party's position on settlement, including present demands and offers and a history 4 of past settlement discussions, offers and demands. They SHALL include a discussion of why they 5 believe the case is now in a settlement posture and why they believe the case can settle now, 6 despite the unwillingness of the parties to settle at the time of the last settlement conference. 7 8 9 10 IT IS SO ORDERED. Dated: February 22, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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