Zamora v. Life Insurance Company of North America

Filing 14

ORDER RE: SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 6/19/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VERONICA ZAMORA,

) Case No.: 1:17-cv-00544 DAD JLT
)
Plaintiff,
) ORDER RE SETTLEMENT CONFERENCE
)
v.
)
LIFE INSURANCE COMPANY OF NORTH )
)
AMERICA,
)
)
Defendant.
)
At the request of counsel, the Court set an early settlement conference to occur on July 18,
2017. (Doc. 11) Thus, the Court ORDERS:
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Unless otherwise permitted in advance by the Court, the attorneys who will try the case

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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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a.

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 meaningful settlement demand

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which includes a brief explanation of why such a settlement is appropriate;

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b.

Thereafter, no later than 14 days before the settlement conference, Defendant

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.
c.

If settlement is not achieved, each party SHALL attach copies of their settlement offers

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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.

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d.

No later than July 11, 2017, the parties shall submit, directly to Judge Thurston’s

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

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

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party, although the parties may file a Notice of Lodging of Settlement Conference Statement. Each

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statement shall be clearly marked “confidential” with the date and time of the Settlement Conference

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indicated prominently thereon;
e.

The Confidential Settlement Conference Statement shall include the following:

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i.

A brief statement of the facts of the case;

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ii.

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’

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likelihood of prevailing on the claims and defenses; and a description of the

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major issues in dispute;

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iii.

A summary of the proceedings to date;

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iv.

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

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and trial;

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v.

The relief sought;

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vi.

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

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history of past settlement discussions, offers and demands.

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IT IS SO ORDERED.
Dated:

June 19, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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