U.S. Equal Employment Opportunity Commission v. Marquez Brothers International, Inc. et al

Filing 66

ORDER RE: SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 7/9/2018. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff,

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v.

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MARQUEZ BROTHERS
INTERNATIONAL INC.,

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Defendant.

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Case No.: 1:17-cv-00044 AWI EPG
ORDER RE: SETTLEMENT CONFERENCE

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This matter has been referred for settlement conference to occur on August 29, 2018 at

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9:30 a.m. at the United States Courthouse, located at 510 19th Street, Bakersfield, California. Thus,

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the Court ORDERS:

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1.

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

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case 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 terms discussed at the conference. Consideration of

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

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

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2.

At least 21 days before the settlement conference, Plaintiff SHALL submit to

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Defendant via fax or e-mail, a written itemization of damages and a meaningful1 settlement demand,

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which includes a brief explanation of why such a settlement is appropriate;
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Thereafter, no later than 14 days before the settlement conference, Defendant

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SHALL respond via fax or e-mail, with an acceptance of the offer or with a meaningful counteroffer,

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which includes a brief explanation of why such a settlement is appropriate.
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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.
5.

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At least one week before the Settlement Conference, the parties shall submit,

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directly to chambers by e-mail to [e-mail], a Confidential Settlement

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Conference Statement. The statement should not be filed with the Clerk of the Court nor served on

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any other party, although the parties may file a Notice of Lodging of Settlement Conference

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Statement. Each statement shall be clearly marked “confidential” with the date and time of the

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Settlement Conference indicated prominently thereon;
6.

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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 grounds

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upon which the claims are founded; a forthright evaluation of the parties’ likelihood of prevailing

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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, pretrial

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The relief sought;

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and trial;

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“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. If a
party cannot make a “meaningful” offer, this should trigger a recognition that this case may not be in a settlement
posture. In this event, counsel SHALL meet and confer to discuss continuing or vacating the conference,
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F.

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

a history of past settlement discussions, offers and demands.

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IT IS SO ORDERED.
Dated:

July 9, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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