Xie v. De Young Properties, 5867 LP

Filing 123

SECOND Order re Settlement Conference, signed by Magistrate Judge Sheila K. Oberto on 10/9/2018. (Settlement Conference set for 11/7/2018 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto) (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AGNES XIE,
Plaintiff,

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DE YOUNG PROPERTIES 5418, LP,
Defendant.

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SECOND ORDER re SETTLEMENT
CONFERENCE

v.

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Case No. 1:16cv01518-DAD-SKO

_____________________________________/

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This case is set for a Settlement Conference before Magistrate Judge Sheila K. Oberto on

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November 7, 2018, at 10:00 A.M. at the U. S. District Court, 2500 Tulare Street, Fresno, California,

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93721.

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Consideration of settlement is a serious matter that requires thorough preparation prior to
the settlement conference. Accordingly, IT IS HEREBY ORDERED that:

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1.

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A settlement conference is more likely to be productive if, before the conference, the parties

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exchange written settlement proposals. Accordingly, at least 15 days prior to the settlement

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conference, plaintiff’s counsel shall submit a written itemization of damages and settlement demand

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to each defense counsel with a brief summary of the legal and factual basis supporting the demand.

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No later than 10 days prior to the settlement conference, each defense counsel shall submit a written

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offer to plaintiff’s counsel with a brief summary of the legal and factual basis supporting the offer.

Pre-settlement Conference Exchange of Demand and Offer

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2.

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The parties are to send Confidential Settlement Conference Statements (“Settlement

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Statement”) to the following email address: [e-mail], to arrive no later than

Submission and Content of Confidential Settlement Conference Statements

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5 business days before the conference. Each statement shall be clearly marked “CONFIDENTIAL”

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with the date and time of the mandatory settlement conference indicated prominently. Each party

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shall also file a Notice of Submission of Confidential Settlement Conference Statement (See L.R.

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270 (d)).

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If the Settlement Conference is continued for any reason, each party must submit a new

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Settlement Statement that is complete in itself, without reference to any prior Settlement Statements.

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Each Settlement Statement shall include the following:

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a.

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A brief summary of the core facts, allegations, and defenses, a forthright
evaluation of the parties’ likelihood of prevailing on the claims and

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defenses, and a description of the major issues in dispute.

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b.

A summary of the proceedings to date.

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c.

An estimate of the cost and time to be expended for further discovery,

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pretrial, and trial.

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d.

The nature of the relief sought.

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e.

An outline of past settlement efforts including information regarding the

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"Pre-settlement Conference Exchange of Demand and Offer" required

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above—including the itemization of damages—and a history of past

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settlement discussions, offers, and demands.

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f.

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Conference.

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3.

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A statement of each party’s expectations and goals for the Settlement

Attendance of Trial Counsel and Parties Required

The attorneys who will try the case and parties with full and complete settlement authority
are required to personally attend the conference.1 An insured party shall appear by a representative
of the insurer who is authorized to negotiate, and who has full authority to negotiate and settle the

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Insurance carriers, business organizations, and governmental bodies or agencies whose settlement
agreements are subject to approval by legislative bodies, executive committees, boards of directors or the
like shall be represented by a person or persons who occupy high executive positions in the party
organization and who will be directly involved in the process of approval of any settlement offers or
agreements.

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case. An uninsured corporate party shall appear by a representative authorized to negotiate, and

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who has full authority to negotiate and settle the case. It is difficult for a party who is not present

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to appreciate the process and the reasons that may justify a change in one’s perspective toward

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settlement. Accordingly, having a client with authority available by telephone is not an acceptable

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alternative, except under the most extenuating circumstances. Plaintiff is reminded that her prior

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request to appear telephonically or by video for the settlement was denied (see Doc. 50), and that,

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absent the most extenuating circumstances, she is required to appear in person at the conference.

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Out of town or out of state travel and the purchase of an airplane ticket are not extenuating

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circumstances.

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The Court expects both the lawyers and the party representatives to be fully prepared to

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participate. The Court encourages all parties to keep an open mind in order to reassess their previous

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positions and to discover creative means for resolving the dispute.

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4.

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The parties shall be prepared to discuss the following at the settlement conference:

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Issues to Be Discussed

a.

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Goals in the litigation and problems they would like to address in the
settlement conference and understanding of the opposing side’s goals.

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b.

The issues (in and outside the lawsuit) that need to be resolved.

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c.

The strengths and weaknesses of their case.

d.

Their understanding of the opposing side’s view of the case.

e.

Their points of agreement and disagreement (factual and legal).

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Any financial, emotional, and/or legal impediments to settlement.

g.

Whether settlement or further litigation better enables the accomplishment

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of their respective goals.
h.

Any possibilities for a creative resolution of the dispute.

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5.

Statements Inadmissible

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The parties are expected to address each other with courtesy and respect, and are

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encouraged to be frank and open in their discussions. Statements made by any party during the

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settlement conference are not to be used in discovery and will not be admissible at trial.

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6.

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Failure to comply with this order may be grounds for the imposition of sanctions on

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Sanctions

any and all counsel as well as any party or parties.

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IT IS SO ORDERED.
Dated:

October 9, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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