Wright et al v. Tehachapi Unified School District

Filing 11

ORDER GRANTING 10 Stipulation for a Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 2/9/2017. Settlement Conference set for 2/24/2017 at 10:00 AM in Courtroom 7 (SKO), Fresno, before Magistrate Judge Sheila K. Oberto. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BUDDY WRIGHT, et al., 12 13 14 Plaintiffs, v. TEHACHAPI UNIFIED SCHOOL DISTRICT, 15 Defendants. 16 17 18 19 ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01214 LJO JLT ORDER GRANTING STIPULATION FOR A SETTLEMENT CONFERENCE The parties have filed a stipulation seeking a settlement conference. (Doc. 10) Thus, the Court ORDERS: 1. A settlement conference is set on February 24, 2017 at 10:00 a.m. in Courtroom 7 20 before the Honorable Sheila K. Oberto at the Robert E. Coyle Federal Courthouse located at 2500 21 Tulare Street, Fresno, California. 22 2. Unless otherwise permitted in advance by the Court, the attorneys who will try the case 23 shall appear at the Settlement Conference with the parties and the person or persons having full 24 authority to negotiate and settle the case on any terms at the conference. Consideration of settlement is 25 a serious matter that requires preparation prior to the settlement conference. Set forth below are the 26 procedures the Court will employ, absent good cause, in conducting the conference: 27 28 a. No later than February 14, 2017, Plaintiff SHALL submit to Defendant via fax or e-mail, a meaningful settlement demand which includes a brief explanation of why such a settlement 1 is appropriate; b. 2 No later than February 16, 2017, Defendant SHALL respond, via fax or e- 3 mail, with an acceptance of the offer or with a meaningful counteroffer, which includes a brief 4 explanation of why such a settlement is appropriate. c. 5 If settlement is not achieved, each party SHALL attach copies of their settlement 6 offers to their Confidential Settlement Conference Statement, as described below. Copies of these 7 documents shall not be filed on the court docket. d. 8 No later than February 17, 2017, the parties shall submit, directly to Judge 9 Oberto’s chambers by e-mail to SKOOrders@caed.uscourts.gov, a Confidential Settlement Conference 10 Statement. The statement should not be filed with the Clerk of the Court nor served on any other party, 11 although the parties may file a Notice of Lodging of Settlement Conference Statement. Each statement 12 shall be clearly marked “confidential” with the date and time of the Settlement Conference indicated 13 prominently thereon; e. 14 The Confidential Settlement Conference Statement shall include the following: 15 A. A brief statement of the facts of the case; 16 B. A brief statement of the claims and defenses, i.e., statutory or other 17 grounds upon which the claims are founded; a forthright evaluation of the parties’ likelihood of 18 prevailing on the claims and defenses; and a description of the major issues in dispute; 19 C. A summary of the proceedings to date; 20 D. An estimate of the cost and time to be expended for further discovery, 22 E. The relief sought; 23 F. The party’s position on settlement, including present demands and offers 21 24 pretrial and trial; and a history of past settlement discussions, offers and demands. 25 26 27 28 IT IS SO ORDERED. Dated: February 9, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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