Klahn v. Wasco State Prison et al

Filing 33

ORDER Setting Settlement Conference signed by Magistrate Judge Jennifer L. Thurston on 11/17/2018. Settlement Conference set for 1/7/2019 at 09:00 AM in Courtroom 6 (JDP) before Magistrate Judge Jeremy D. Peterson. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL P. KLAHN, Sr.,

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Plaintiff,

Case No. 1:16-cv-00342-DAD-JLT (PC)
ORDER SETTING SETTLEMENT
CONFERENCE

v.
DATE: January 7, 2019
TIME: 9:00 a.m.

R. SEITZ,

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Defendant.

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On October 19, 2018 the parties were ordered to notify the court whether a settlement

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conference would be beneficial. (Doc. 29.) After a review of the response, the Court has

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determined that this case will benefit from a settlement conference. Therefore, this case will be

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referred to Magistrate Judge Jeremy D. Peterson to conduct a settlement conference at the U. S.

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District Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom #6 on January 7, 2019

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at 9:00 a.m.

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Thus, the Court ORDERS:

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1. A settlement conference has been set for January 7, 2019 at 9:00 a.m. in Courtroom #6

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before Magistrate Judge Jeremy D. Peterson at the U. S. District Court, 2500 Tulare

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Street, Fresno, California 93721.

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2. Unless otherwise permitted in advance by the Court, the attorneys who will try the
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 3, 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 December 21, 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 December 28, 2018 to

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[e-mail]. Plaintiff may mail his confidential settlement statement

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Attn: Magistrate Judge Jeremy D. Peterson, USDC CAED, 2500 Tulare Street, Fresno,

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California 93721 so it arrives no later than December 28, 2018. The envelope shall

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be marked “Confidential Settlement Statement.” Parties are also directed to file a

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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.

“Notice of Submission of Confidential Settlement Statement.” (See L.R. 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. 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, 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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g. 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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IT IS SO ORDERED.
Dated:

November 17, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE