Verragio, Ltd. v. Malakan Diamond Co.

Filing 62

ORDER re SETTLEMENT CONFERENCE. Order signed by Magistrate Judge Sheila K. Oberto on 8/23/2017. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VERRAGIO, LTD.,
Plaintiff,

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MALAKAN DIAMOND CO.,
Defendant.

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ORDER re SETTLEMENT CONFERENCE

v.

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Case No. 1:16-cv-01647 DAD SKO

_____________________________________/

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MALAKAN DIAMOND CO.,

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Counterclaimant,

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v.
VERRAGIO, LTD.,

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Counter-defendant.
_____________________________________/
This case is set for a Settlement Conference before Magistrate Judge Sheila K. Oberto on

20 October 19, 2017, at 10:00 a.m. at the U. S. District Court, 2500 Tulare Street, Fresno,
21 California, 93721.
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Consideration of settlement is a serious matter that requires thorough preparation prior to

23 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

Pre-settlement Conference Exchange of Demand and Offer

26 parties exchange written settlement proposals. Accordingly, at least fifteen (15) days prior to the
27 settlement conference, plaintiff’s counsel shall submit a written itemization of damages and
28 settlement demand to each defense counsel with a brief summary of the legal and factual basis

1 supporting the demand. No later than ten (10) days prior to the settlement conference, each
2 defense counsel shall submit a written offer to plaintiff’s counsel with a brief summary of the legal
3 and factual basis supporting the offer.
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2.

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The parties are to send Confidential Settlement Conference Statements (Settlement

Submission and Content of Confidential Settlement Conference Statements

6 Statement) to the following email address: [e-mail], to arrive no later than
7 October 5, 2017. Additionally, each party shall file a Notice of Submission of Confidential
8 Settlement Conference Statement (See L.R. 270 (d)).
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If the Settlement Conference is continued for any reason, each party must submit a new

10 Settlement Statement that is complete in itself, without reference to any prior Settlement
11 Statements.
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Settlement Statements must be typed and double spaced. Each Settlement Statement shall

13 include the following:
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a.

A brief summary of the core facts, allegations, and defenses.

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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.
e.

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The nature of the relief sought.
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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A statement of each party’s expectations and goals for the Settlement
Conference.

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3.

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The attorneys who will try the case and parties with full and complete settlement authority

Attendance of Trial Counsel and Parties Required

3 are required to personally attend the conference. 1 An insured party shall appear by a
4 representative of the insurer who is authorized to negotiate, and who has full authority to negotiate
5 and settle the case on any terms. An uninsured corporate party shall appear by a representative
6 authorized to negotiate, and who has full authority to negotiate and settle the case on any terms.
7 It is difficult for a party who is not present to appreciate the process and the reasons that may
8 justify a change in one’s perspective toward settlement. Accordingly, having a client with
9 authority available by telephone is not an acceptable alternative, except under the most
10 extenuating circumstances. 2
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The Court expects both the lawyers and the party representatives to be fully prepared to

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

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

f.

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

e.

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The strengths and weaknesses of their case.

d.

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

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

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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
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like shall be represented by a person or persons who occupy high executive positions in the party
26 organization and who will be directly involved in the process of approval of any settlement offers or
agreements. To the extent possible, the representative shall have the authority, if he or she deems it
27 appropriate, to settle the action on terms consistent with the opposing party's most recent demand.

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

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g.

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Whether settlement or further litigation better enables the accomplishment
of their respective goals.

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h.

Any possibilities for a creative resolution of the dispute.

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5.

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

Statements Inadmissible

7 encouraged to be frank and open in their discussions. Statements made by any party during the
8 settlement conference are not to be used in discovery and will not be admissible at trial.
9 IT IS SO ORDERED.
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Dated:

August 23, 2017

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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