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)

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 [e-mail], 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