Kerzich v County of Tuolumne

Filing 44

ORDER Regarding Settlement Conference (set for October 2, 2017 at 9:30 am before Judge McAuliffe). PERSONAL Appearance by Plaintiff and Defense Counsel Required. signed by Magistrate Judge Barbara A. McAuliffe on 8/18/2017. (Herman, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK KERZICH and
TIMOTHY WERTZ,

CASE NO. 1:16-cv-01116-DAD-SAB

Plaintiffs,
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v.

ORDER REGARDING SETTLEMENT
CONFERENCE

COUNTY of TUOLUMNE,
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PERSONAL APPEARANCE BY PLAINTIFF
AND DEFENSE COUNSEL REQUIRED

Defendant.
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This case is set for a Settlement Conference before Magistrate Judge Barbara A. McAuliffe on
October 2, 2017 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 [e-mail], a confidential settlement conference
statement. This statement should neither be filed with the clerk of the Court nor served on any other
party. Each statement shall be clearly marked “CONFIDENTIAL” with the date and time of the

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mandatory settlement conference indicated prominently.

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The settlement statement should not be lengthy but shall include a brief recitation of the facts,

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a discussion of the strengths and weaknesses of the case, an estimate of the cost and time to be

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expended for further pretrial and trial matters, and the relief sought. The parties are also directed to

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include a candid statement on the party’s position on settlement, including the amount which the

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party will accept to settle, realistic settlement expectations, present settlement proposals, and a

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history of past settlement discussions, offers, demands, and a report on settlement efforts to date.

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

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

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advance of the settlement conference as possible, a party shall inform the Court and other parties that

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it believes the case is not in a settlement posture so the Court may vacate or reset the settlement

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conference. Otherwise the parties shall proceed with the settlement conference in good faith to attempt

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to resolve all or part of the case.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 18, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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