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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 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: 1. Unless otherwise permitted in advance by the Court, the attorneys who will try the case 20 shall appear at the Settlement Conference with the parties and the person or persons having full 21 authority to negotiate and settle the case on terms discussed at the conference. Consideration of 22 settlement is a serious matter that requires preparation prior to the settlement conference. Set forth 23 below are the procedures the Court will employ, absent good cause, in conducting the conference: 24 a. At least 21 days before the settlement conference, Plaintiff SHALL submit to 25 Defendant via fax or e-mail, a written itemization of damages and a meaningful settlement demand 26 which includes a brief explanation of why such a settlement is appropriate; 27 28 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, 1 1 2 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 3 to their Confidential Settlement Conference Statement, as described below. Copies of these 4 documents shall not be filed on the court docket. 5 d. No later than July 11, 2017, the parties shall submit, directly to Judge Thurston’s 6 chambers by e-mail to, a Confidential Settlement Conference 7 Statement. The statement should not be filed with the Clerk of the Court nor served on any other 8 party, although the parties may file a Notice of Lodging of Settlement Conference Statement. Each 9 statement shall be clearly marked “confidential” with the date and time of the Settlement Conference 10 11 indicated prominently thereon; e. The Confidential Settlement Conference Statement shall include the following: 12 i. A brief statement of the facts of the case; 13 ii. A brief statement of the claims and defenses, i.e., statutory or other grounds 14 upon which the claims are founded; a forthright evaluation of the parties’ 15 likelihood of prevailing on the claims and defenses; and a description of the 16 major issues in dispute; 17 iii. A summary of the proceedings to date; 18 iv. An estimate of the cost and time to be expended for further discovery, pretrial 19 and trial; 20 v. The relief sought; 21 vi. The party’s position on settlement, including present demands and offers and a 22 history of past settlement discussions, offers and demands. 23 24 25 26 IT IS SO ORDERED. Dated: June 19, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 27 28 2

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