Casildo, et al. v. Esparza Enterprises, Inc

Filing 42

ORDER REGARDING SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 10/7/2019. (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 OLGA CASILDO, et al., 12 Plaintiffs, 13 v. 14 CASE NO. 1:17-cv-00601-LJO-JLT ORDER REGARDING SETTLEMENT CONFERENCE ESPARZA ENTERPRISES, INC, 15 Defendant. 16 17 18 19 20 21 The Court has set a settlement conference to occur on November 4, 2019. Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall appear at the Settlement Conference with the parties and the person or persons having full authority to negotiate and settle the case on any reasonable terms1discussed at the conference. Consideration of settlement is a serious matter that requires preparation prior to the settlement conference. Set forth below are the procedures the Court will employ, absent good cause, in 22 conducting the conference. 23 No later than October 14, 2019, the plaintiffs SHALL submit to the defendant via fax or 24 e-mail, a written itemization of damages and a meaningful2 settlement demand which includes a 25 26 1 27 28 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 represented by a person whose recommendations about settlement are relied upon by the ultimate decision makers. “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 2 1 2 3 4 brief explanation of why such a settlement is appropriate. Thereafter, no later than October 23, 2019, the defendant SHALL respond via fax or e-mail, with an acceptance of the offer or with a meaningful counteroffer, which includes a brief explanation of why such a settlement is appropriate. If settlement is not achieved, each party SHALL attach copies of their settlement offers to 5 their Confidential Settlement Conference Statement, as described below. Copies of these 6 documents shall not be filed on the court docket. 7 CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT 8 At least five court days before the settlement conference, the parties shall submit, directly 9 to Judge Thurston's chambers by e-mail to, a Confidential 10 11 12 13 Settlement Conference Statement. The statement should not be filed with the Clerk of the Court nor served on any other party, although the parties may file a Notice of Lodging of Settlement Conference Statement. Each statement shall be clearly marked "confidential" with the date and time of the Settlement Conference indicated prominently thereon. 14 The Confidential Settlement Conference Statement shall include the following: 15 A. B. 16 A brief statement of the facts of the case. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 17 which the claims are founded; a forthright evaluation of the parties' likelihood of 18 prevailing on the claims and defenses; and a description of the major issues in 19 dispute. 20 C. A summary of the proceedings to date. 21 D. An estimate of the cost and time to be expended for further discovery, pretrial and E. The relief sought. 22 trial. 23 24 /// 25 /// 26 /// 27 28 accept, this should trigger a recognition the case is not in a settlement posture and the parties should confer about continuing or vacating the settlement conference via stipulation. 1 F. The party's position on settlement, including present demands and offers and a history of past settlement discussions, offers and demands. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: October 7, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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