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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BUDDY WRIGHT, et al.,

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Plaintiffs,
v.
TEHACHAPI UNIFIED SCHOOL
DISTRICT,

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Defendants.
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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

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before the Honorable Sheila K. Oberto at the Robert E. Coyle Federal Courthouse located at 2500

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Tulare Street, Fresno, California.

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2.

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

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

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authority to negotiate and settle the case on any terms at the conference. Consideration of settlement is

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a serious matter that requires preparation prior to the settlement conference. Set forth below are the

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procedures the Court will employ, absent good cause, in conducting the conference:

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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

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is appropriate;
b.

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No later than February 16, 2017, Defendant SHALL respond, via fax or e-

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mail, with an acceptance of the offer or with a meaningful counteroffer, which includes a brief

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explanation of why such a settlement is appropriate.
c.

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If settlement is not achieved, each party SHALL attach copies of their settlement

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offers to their Confidential Settlement Conference Statement, as described below. Copies of these

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documents shall not be filed on the court docket.
d.

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No later than February 17, 2017, the parties shall submit, directly to Judge

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Oberto’s chambers by e-mail to [e-mail], a Confidential Settlement Conference

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Statement. The statement should not be filed with the Clerk of the Court nor served on any other party,

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although the parties may file a Notice of Lodging of Settlement Conference Statement. Each statement

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shall be clearly marked “confidential” with the date and time of the Settlement Conference indicated

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prominently thereon;
e.

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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 parties’ likelihood of

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prevailing on the claims and defenses; and a 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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E.

The relief sought;

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F.

The party’s position on settlement, including present demands and offers

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pretrial and trial;

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

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IT IS SO ORDERED.
Dated:

February 9, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE