Griffiths v. Wal-Mart Stores, Inc.

Filing 28

ORDER SETTING SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 11/21/2017. Settlement Conference SET for 12/13/2017 at 01:30 PM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN GRIFFITHS, Plaintiff, 12 13 14 15 Case No. 1:16-cv-01438-DAD-JLT ORDER SETTING SETTLEMENT CONFERENCE v. WAL-MART STORES, INC., a corporation; and DOES 1 through 20, inclusive, 16 Defendants. 17 18 19 According to the agreement of the parties, the Court sets settlement conference on 20 December 13, 2017 at 1:30 p.m. at the United States Courthouse, located at 510 19th Street, 21 Bakersfield, California. 22 1. Unless otherwise permitted in advance by the Court, the attorneys who will try the 23 case shall appear at the Settlement Conference with the parties and the person or persons having 24 full authority to negotiate and settle the case on terms discussed at the conference. Consideration 25 of settlement is a serious matter that requires preparation prior to the settlement conference. Set 26 forth below are the procedures the Court will employ, absent good cause, in conducting the 27 conference: 28 2. At least 21 days before the settlement conference, Plaintiff SHALL submit to -1- 1 Defendant via fax or e-mail, a written itemization of damages and a meaningful1 settlement 2 demand, which includes a brief explanation of why such a settlement is appropriate; 3. 3 Thereafter, no later than 14 days before the settlement conference, Defendant 4 SHALL respond, via fax or e-mail, with an acceptance of the offer or with a meaningful 5 counteroffer, which includes a brief explanation of why such a settlement is appropriate. 4. 6 If settlement is not achieved, each party SHALL attach copies of their settlement 7 offers to their Confidential Settlement Conference Statement, as described below. Copies of 8 these documents shall not be filed on the court docket. 5. 9 At least one week before the Settlement Conference, the parties shall submit, 10 directly to chambers by e-mail to, a Confidential Settlement 11 Conference Statement. The statement should not be filed with the Clerk of the Court nor served 12 on any other party, although the parties may file a Notice of Lodging of Settlement Conference 13 Statement. Each statement shall be clearly marked “confidential” with the date and time of the 14 Settlement Conference indicated prominently thereon; 6. 15 The Confidential Settlement Conference Statement shall include the following: 16 A. A brief statement of the facts of the case; 17 B. A brief statement of the claims and defenses, i.e., statutory or other 18 grounds upon which the claims are founded; a forthright evaluation of the parties’ likelihood of 19 prevailing on the claims and defenses; and a description of the major issues in dispute; 20 C. A summary of the proceedings to date; 21 D. An estimate of the cost and time to be expended for further discovery, 22 pretrial and trial; 23 E. 24 /// 25 /// 26 The relief sought; /// 27 1 28 “Meaningful” means that the offer is reasonably calculated to settle the case on terms acceptable to the offering party. “Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party. -2- F. 1 2 The party’s position on settlement, including present demands and offers and a history of past settlement discussions, offers and demands. 3 4 5 6 IT IS SO ORDERED. Dated: November 21, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?