Bullard v. St. Andra et al

Filing 101

ORDER SETTING Pre-Settlement Conference and Settlement Conference, signed by Magistrate Judge Helena M. Barch-Kuchta on 1/10/2021. (Settlement Statements due: March 11, 2021; Pre-settlement Conference: March 17, 2021; Settlement Conference: March 25, 2021.) (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EFREN D. BULLARD,

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Plaintiff,

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No. 1:17-CV-00328-NONE-HBK (PC)

v.
FNU BENSON, C LOVE, B.S. DAVIS,
FNU KISTER-COOPER,
Defendants.

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ORDER SETTING PRE-SETTLEMENT
CONFERENCE AND SETTLEMENT
CONFERENCE
Settlement Statements due: March 11, 2021
Pre-settlement Conference: March 17, 2021
Settlement Conference: March 25, 2021

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Magistrate Judge Helena Barch-Kuchta will hold a settlement conference on March 25,

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2021 at 10:00 a.m. via video teleconference. The Zoom settlement conference invitation will be

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distributed the week prior.1 The court has reserved the entire day for this settlement conference and

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expects the parties will proceed with the settlement conference in good faith and attempt to resolve

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all or part of the case. If any party believes that the settlement conference will not be productive,

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that party shall so inform the court as far in advance of the settlement conference as possible.

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Unless otherwise permitted in advance by the court, the following individuals must attend
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Any difficulties concerning Zoom video conference, or connecting to the Zoom video
conference, shall immediately be reported to Kirstie Dunbar-Kari, Courtroom Deputy for the Hon.
Helena Barch-Kuchta, United States Magistrate Judge, at [e-mail].

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the settlement conference in person: (1) all of the attorney(s) who will try the case; (2) the parties;

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and (3) individuals with full authority to negotiate and settle the case, on any terms. See Local Rule

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270(f).

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No later than two weeks prior to the settlement conference, each party must submit to

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Judge Barch-Kuchta’s chambers at [e-mail] or by mail at U.S. District Court,

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P.O. Box 575, Yosemite National Park, CA 95389, a settlement conference statement. These

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statements should neither be filed on the docket nor served on any other party.

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In compliance with Local Rule 270(d)-(e), the settlement statements will be used

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exclusively for the undersigned to prepare for and conduct the settlement conference. They will

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not become part of the case file and will be shred thereafter under Local Rule 270(e). If applicable,

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the statements should be marked “CONFIDENTIAL.” See Local Rule 270(d).

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The statements should not exceed ten (10) pages and should include:

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(1) a brief recitation of the facts;

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(2) a discussion of the strengths and weaknesses of the case, including the parties’ relevant

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position on the factual and legal issues and brief review of the evidence to support the parties’
factual position;
(3) an itemized estimate of the expected costs for further discovery, pretrial, and trial

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matters, in specific dollar terms;
(4) your best estimate of the probability that plaintiff will prevail should this case proceed

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to trial;
(5) your best estimate of the damages or relief plaintiff may recover should this case proceed
to trial and plaintiff prevail (in specific dollar terms and/or injunctive relief, if applicable);
(6) a history of settlement discussions (including a listing of any current settlement offers
from any party, in specific dollar terms), a candid statement of your party’s current position on

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settlement, including the amount that you will give/accept to settle (in specific dollar terms), and
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a statement of your expectations for settlement discussions;
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(7) a list of the individuals who will be attending the settlement on the party’s behalf,

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including names and, if appropriate, titles.
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At the outset of the settlement conference, the undersigned may call upon the parties’

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counsel to give a brief (five-minute) opening presentation outlining the factual and legal highlights

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of their case before the parties break into separate caucuses. The undersigned reserves the right to

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dispense with the opening presentations of counsel if the undersigned determines that such

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presentations are not likely to be productive.

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Notwithstanding the provisions of Federal Rule of Evidence 408, all statements made by

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the parties relating to the substance or merits of the case, whether written or oral, made for the first

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time during the settlement conference will be deemed to be confidential and shall not be admissible

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in evidence for any reason in the trial of the case, should the case not settle. This provision does

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not preclude admissibility in other contexts, such as pertaining to a motion for sanctions regarding

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the settlement conference.

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Judge Barch-Kuchta will hold a short, pre-settlement conference telephone discussion on

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March 17, 2021 at 1:00 p.m. (dial-in number: 1-888-204-5984; passcode: 4446176). Only the

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lead attorney from each side2 should participate. At Judge Barch-Kuchta’s discretion, the joint

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telephonic discussion may be followed by private telephonic discussions between the judge and

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each party.

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IT IS SO ORDERED.

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Dated:
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January 10, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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The court expects that the attorneys participating in the telephone discussion will also
participate in the settlement conference.
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