Zaiza v. Guthrie, et al.

Filing 26

ORDER Setting Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 6/22/18. Settlement Conference set for 10/5/2018 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ROBERTO ZAIZA, 12 13 14 Plaintiff, Case No.: 1:16-cv-01862-LJO-JLT (PC) ORDER SETTING SETTLEMENT CONFERENCE v. C. GUTHRIE, 15 Defendant. 16 17 The Court has determined that this case will benefit from a settlement conference. 18 Therefore, the Court sets a settlement conference on October 5, 2018 at 9:00 a.m. at the U. S. 19 Courthouse, 510 19th Street, Bakersfield, California. The Court will issue the necessary 20 transportation order in due course. 21 In accordance with the above, the Court ORDERS: 22 1. 23 24 The parties SHALL file a signed “Waiver of Disqualification,” or notice of non- waiver of disqualification, no later than July 22, 2018; 2. Unless otherwise permitted in advance by the Court, the attorneys who will try 25 the case shall appear at the Settlement Conference with the parties and the person or persons 26 having full authority to negotiate and settle the case on any reasonable terms1discussed at the 27 28 1 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 may be 1 1 conference. Consideration of settlement is a serious matter that requires preparation prior to the 2 settlement conference. Set forth below are the procedures the Court will employ, absent good 3 cause, in conducting the conference. 4 3. At least 21 days before the settlement conference, Plaintiff SHALL submit to 5 Defendant via fax or e-mail, a written itemization of damages and a meaningful2 settlement 6 demand which includes a brief explanation of why such a settlement is appropriate. Thereafter, 7 no later than 14 days before the settlement conference, Defendant SHALL respond via fax or e- 8 mail, with an acceptance of the offer or with a meaningful counteroffer, which includes a brief 9 explanation of why such a settlement is appropriate. 10 4. If settlement is not achieved, each party SHALL attach copies of their settlement 11 offers to their Confidential Settlement Conference Statement, as described below. Copies of 12 these documents shall not be filed on the court docket. 13 5. At least five court days before the settlement conference, the parties shall submit, 14 directly to Judge Thurston's chambers by e-mail to JLTOrders@caed.uscourts.gov, a Confidential 15 Settlement Conference Statement. The statement should not be filed with the Clerk of the Court 16 nor served on any other party, although the parties may file a Notice of Lodging of Settlement 17 Conference Statement. Each statement shall be clearly marked "confidential" with the date and 18 time of the Settlement Conference indicated prominently thereon. 19 The Confidential Settlement Conference Statement shall include the following: 20 i. A brief statement of the facts of the case. 21 ii. A brief statement of the claims and defenses, i.e., statutory or other 22 grounds upon which the claims are founded; a forthright evaluation of the parties' likelihood of 23 prevailing on the claims and defenses; and a description of the major issues in dispute. 24 iii. A summary of the proceedings to date. 25 26 27 28 represented by a person whose recommendations about settlement are relied upon by the ultimate decision makers. 2 “Meaningful” means 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. If, however, the offering party is only willing to offer a settlement which it knows the other party will not accept, this should trigger a recognition the case is not in a settlement posture and the parties should confer about continuing the settlement conference via stipulation. 2 iv. 1 An estimate of the cost and time to be expended for further discovery, 2 pretrial and trial. 3 v. The relief sought. 4 vi. The party's position on settlement, including present demands and offers 5 and a history of past settlement discussions, offers and demands. 6 7 8 IT IS SO ORDERED. Dated: June 22, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ROBERTO ZAIZA, 12 13 14 15 16 Plaintiff, Case No.: 1:16-cv-01862-LJO-JLT (PC) WAIVER OF DISQUALIFICATION v. C. GUTHRIE, Defendant. Under Local Rule 270(b) of the Eastern District of California, the parties to the herein 17 action affirmatively request that Magistrate Judge Jennifer L. Thurston participate in the 18 settlement conference scheduled for October 5, 2018. To the extent the parties consent to trial of 19 the case before the assigned Magistrate Judge, they waive any claim of disqualification to the 20 assigned Magistrate Judge trying the case thereafter. 21 22 Dated: ________________ _____________________________________ Plaintiff, Jose Roberto Zaiza Dated: ________________ _____________________________________ Attorney for Defendant 23 24 25 26 27 28 4

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