Securities and Exchange Commission v. BIC Real Estate Development Corporation et al

Filing 417

ORDER Regarding Settlement Conference set for March 28, 2019 at 9:30 AM before Magistrate Judge Barbara A. McAuliffe, signed by Magistrate Judge Barbara A. McAuliffe on 2/11/2019. PERSONAL Appearance by Plaintiff and Defense Counsel Required. (Valdez, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 SECURITIES AND EXCHANGE COMMISSION, Plaintiff, 13 14 CASE NO. 1:16-cv-00344-LJO-JLT v. 16 BIC REAL ESTATE DEVELOPMENT CORPORATION and DANIEL R. NASE, individually and d/b/a BAKERSFIELD INVESTMENT CLUB, 17 ORDER REGARDING SETTLEMENT CONFERENCE Defendants, 15 18 19 20 PERSONAL APPEARANCE BY PLAINTIFF AND DEFENSE COUNSEL REQUIRED BIC SOLO 401K TRUST and MARGARITA NASE, Relief Defendants. 21 22 23 24 25 26 27 28 This case is set for a Settlement Conference before Magistrate Judge Barbara A. McAuliffe on March 28, 2019 at 9:30 am in Courtroom 8 at the U.S. District Court, 2500 Tulare Street, Fresno, California, 93721. Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall personally appear at the settlement conference with the parties and the person or persons having full authority to negotiate and settle the case, on any terms, at the conference. No later than seven days prior to the settlement conference, each party shall submit directly to Judge McAuliffe’s chambers at bamorders@caed.uscourts.gov, a confidential settlement conference 1 1 statement. This statement should neither be filed with the clerk of the Court nor served on any other 2 party. Each statement shall be clearly marked “CONFIDENTIAL” with the date and time of the 3 mandatory settlement conference indicated prominently. 4 The settlement statement should not be lengthy but shall include a brief recitation of the facts, a 5 discussion of the strengths and weaknesses of the case, an estimate of the cost and time to be expended 6 for further pretrial and trial matters, and the relief sought. The parties are also directed to include a 7 candid statement on the party’s position on settlement, including the amount which the party will 8 accept to settle, realistic settlement expectations, present settlement proposals, and a history of past 9 settlement discussions, offers, demands, and a report on settlement efforts to date. 10 This Court will vacate the settlement conference if the Court finds the settlement conference will 11 be neither productive nor meaningful to attempt to resolve all or part of this case. As far in advance of 12 the settlement conference as possible, a party shall inform the Court and other parties that it believes the 13 case is not in a settlement posture so the Court may vacate or reset the settlement conference. Otherwise 14 the parties shall proceed with the settlement conference in good faith to attempt to resolve all or part of 15 the case. 16 17 18 19 IT IS SO ORDERED. Dated: /s/ Barbara February 11, 2019 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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