Interval Equipment Solutions, Inc. v. Sandvik Mining and Construction USA, LLC

Filing 31

ORDER re: SETTLEMENT CONFERENCE, signed by Magistrate Judge Stanley A. Boone on 2/27/2017. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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INTERVAL EQUIPMENT SOLUTIONS,
INC.,

ORDER RE SETTLEMENT CONFERENCE
Plaintiff,

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v.

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Case No. 1:16-cv-00512-LJO-SKO

SANDVIK MINING AND
CONSTRUCTION USA, LLC,

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Defendant.

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This action has been referred to the undersigned for a settlement conference and a

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settlement conference is currently set for March 2, 2017, at 11:15 a.m., in Courtroom 9 before

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

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

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having full authority to negotiate and settle the case on any terms1 at the conference.

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Confidential Settlement Conference Statement: By 4:00 p.m. on February 28, 2017,

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the parties shall submit a Confidential Settlement Conference Statement directly to Judge

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Boone’s chambers by e-mail to [e-mail]. The statement should not be

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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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filed with the Clerk of the Court nor served on any other party, although the parties may file a

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Notice of Lodging of Settlement Conference Statement. Each statement shall be clearly marked

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“confidential” with the date and time of the Settlement Conference indicated prominently thereon.

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The Confidential Settlement Conference Statement shall 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

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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

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description of 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

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and a history of past settlement discussions, offers and demands.

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The Court will vacate the settlement conference if the Court finds the settlement

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conference will be neither productive nor meaningful to attempt to resolve all or part of this case.

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As far in advance of the settlement conference as possible, a party shall inform the Court and

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other parties that it believes the case is not in a settlement posture so the Court may vacate or

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reset the settlement conference.

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conference in good faith to attempt to resolve all or part of the case.

Otherwise the parties shall proceed with the settlement

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IT IS SO ORDERED.
Dated:

February 27, 2017
UNITED STATES MAGISTRATE JUDGE

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