Reyes v. Flores et al

Filing 52

ORDER Setting Settlement Conference signed by Magistrate Judge Jennifer L. Thurston on 10/09/2018. Settlement Conference set for 2/28/2019 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ABEL P. REYES,

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Case No. 1:16-cv-00586-DAD-JLT (PC)
Plaintiff,

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v.

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FLORES, et al.,

ORDER SETTING SETTLEMENT
CONFERENCE
(Doc. 50)

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Defendants.

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On October 1, 2018, plaintiff filed a motion to set a settlement conference. (Doc. 50.) On

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October 2, 2018, Defendant filed a request for a Court Supervised Settlement Conference. (Doc.

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51.) The Court has determined that this case will benefit from a settlement conference.

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Therefore, this case will be referred to Magistrate Judge Sheila K. Oberto to conduct a settlement

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conference at the U. S. District Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom

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#7 on February 28, 2019 at 10:00 a.m. Thus, the Court ORDERS:

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1. Plaintiff’s motion for a settlement conference is granted and this case is set for a

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settlement conference before Magistrate Judge Sheila K. Oberto on February 28, 2019,

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at 10:00 a.m. at the U. S. District Court, 2500 Tulare Street, Fresno, California 93721

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in Courtroom #7;

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2. A representative with authority to negotiate and enter into settlement terms shall
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attend in person.
3. Those in attendance must be prepared to discuss the claims, defenses and damages.

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The failure of any counsel, party or authorized person subject to this order to appear in

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person may result in the imposition of sanctions. In addition, the conference will not

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proceed and will be reset to another date.

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4. Defendant shall provide a confidential settlement statement to the following email

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address: [e-mail]. Plaintiff shall mail his confidential settlement

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statement to U.S. District Court, 2500 Tulare Street, Fresno, California 93721,

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“Attention: Magistrate Judge Sheila K. Oberto.” The envelope shall be marked

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“Confidential Settlement Statement.” Settlement statements shall arrive no later than

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February 21, 2019. Parties shall also file a Notice of Submission of Confidential

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Settlement Statement (See Local Rule 270(d)).

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Settlement statements should not be filed with the Clerk of the Court nor served

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on any other party. Settlement statements shall be clearly marked Aconfidential@

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with the date and time of the settlement conference clearly noted on the first page.

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The confidential settlement statement shall be no longer than five pages in length,
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

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upon which the claims are founded; a forthright evaluation of the parties=

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likelihood of prevailing on the claims and defenses; and a description of the

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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, pretrial,

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and trial.
e. 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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f. 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

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pay.
g. If the parties intend to discuss the joint settlement of any other actions or

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claims not in this suit, give a brief description of each action or claim as set

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forth above, including case number(s) if applicable.

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IT IS SO ORDERED.
Dated:

October 9, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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