Payne v. State of California et al

Filing 155

SECOND ORDER re SETTLEMENT CONFERENCE AND SETTING PRETRIAL CONFERENCE AND TRIAL signed by Magistrate Judge Sheila K. Oberto on 6/6/2023. Per the Court's previous order (see Doc. 154 ), this case is set for a Settlement Conferenceon Octobe r 12, 2023, at 1:30 P.M. before Magistrate Judge Sheila K. Oberto. In addition, the Court SETS the Pretrial Conference for November 13, 2023, at 1:30 P.M. in Courtroom 1 (ADA) before District Judge Ana de Alba, and SETS Trial for January 23, 2024, at 8:30 A.M. in Courtroom 1 (ADA) before District Judge Ana de Alba. (Navarro, F)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COLEMAN PAYNE
Plaintiff,

Case No. 1:17-cv-00906-ADA SKO
SECOND ORDER re SETTLEMENT
CONFERENCE AND SETTING
PRETRIAL CONFERENCE AND TRIAL

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v.
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JOY, ET AL.
Defendants.

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_____________________________________/
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Per the Court’s previous order (see Doc. 154), this case is set for a Settlement Conference

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before Magistrate Judge Sheila K. Oberto on October 12, 2023, at 1:30 P.M. before Magistrate

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Judge Sheila K. Oberto.

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In addition, the Court SETS the Pretrial Conference for November 13, 2023, at 1:30 P.M.

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in Courtroom 1 before the Honorable Ana de Alba, United States District Court Judge, and SETS

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Trial for January 23, 2024, at 8:30 A.M. in Courtroom 1 before Judge de Alba.

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Consideration of settlement is a serious matter that requires thorough preparation prior to
the settlement conference. Accordingly, IT IS HEREBY ORDERED that:

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1.

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A settlement conference is more likely to be productive if, before the conference, the parties

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Pre-settlement Conference Exchange of Demand and Offer

exchange written settlement proposals.

Accordingly, at least 4 weeks before the settlement

conference, counsel for each plaintiff shall submit an updated written itemization of damages and
settlement demand to each defense counsel with a brief summary of the legal and factual basis
supporting the demand. No later than 3 weeks before the settlement conference, each defense

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counsel shall submit a written offer to counsel for each plaintiff with a brief summary of the legal

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and factual basis supporting the offer.

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2.

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The parties are to send Confidential Settlement Conference Statements (Settlement

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Statement) to the following email address: [e-mail], to arrive no later than

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14 days before the conference. Each statement shall be clearly marked “CONFIDENTIAL” with

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the date and time of the mandatory settlement conference indicated prominently. Each party shall

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also file a Notice of Submission of Confidential Settlement Conference Statement. (See L.R. 270

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(d).)

Submission and Content of Confidential Settlement Conference Statements

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If the Settlement Conference is continued for any reason, each party must submit a new

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Settlement Statement that is complete in itself, without reference to any prior Settlement Statements.

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Each Settlement Statement shall include the following:
a.

A brief summary of the core facts, allegations, and defenses, a forthright

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evaluation of the parties’ likelihood of prevailing on the claims and

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defenses, and a description of the major issues in dispute.

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b.

A summary of the proceedings to date.

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c.

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

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pretrial, and trial.
d.

The nature of the relief sought.

e.

An outline of past settlement efforts including information regarding the

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“Pre-settlement Conference Exchange of Demand and Offer” required

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above—including the itemization of damages—and a history of past

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settlement discussions, offers, and demands.
f.

A statement of each party’s expectations and goals for the Settlement
Conference.

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3.

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The parties are advised that they may jointly request that the settlement conference be

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conducted by Zoom videoconference. If the parties’ request for a Zoom videoconference is granted,

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the Court will provide call in information before the settlement conference date.

Zoom Videoconferences

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4.

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

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parties with full and complete settlement authority shall personally attend the conference.1 An

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insured party shall appear by a representative of the insurer who is authorized to negotiate, and who

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has full authority to negotiate and settle the case. An uninsured corporate party shall appear by a

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representative authorized to negotiate, and who has full authority to negotiate and settle the case. It

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is difficult for a party who is not present to appreciate the process and the reasons that may justify

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a change in one’s perspective toward settlement. Accordingly, having a client with authority

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available by telephone is not an acceptable alternative, except under the most extenuating

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circumstances.2

Attendance of Trial Counsel and Parties Required

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The Court expects both the lawyers and the party representatives to be fully prepared to

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participate. The Court encourages all parties to keep an open mind in order to reassess their previous

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positions and to discover creative means for resolving the dispute.

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5.

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Issues to Be Discussed

The parties shall be prepared to discuss the following at the settlement conference:

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a.

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settlement conference and understanding of the opposing side’s goals.

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Goals in the litigation and problems they would like to address in the

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The issues (in and outside the lawsuit) that need to be resolved.

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The strengths and weaknesses of their case.

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Their understanding of the opposing side’s view of the case.

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Their points of agreement and disagreement (factual and legal).

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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 shall be represented by a
person or persons who occupy high executive positions in the party organization and who will be directly involved in
the process of approval of any settlement offers or agreements.
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Out of town or out of state travel and the purchase of an airplane ticket are not extenuating circumstances.

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f.

Any financial, emotional, and/or legal impediments to settlement.

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g.

Whether settlement or further litigation better enables the accomplishment

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of their respective goals.

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h.

Any possibilities for a creative resolution of the dispute.

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6.

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The parties are expected to address each other with courtesy and respect, and are encouraged

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to be frank and open in their discussions. Statements made by any party during the settlement

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conference are not to be used in discovery and will not be admissible at trial.

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7.

Statements Inadmissible

Pre-Settlement Discussion

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Following review of the parties’ Settlement Conference Statements, Magistrate Judge

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Oberto may hold a brief telephonic discussion to discuss their statements, should the Court deem it

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appropriate. The parties will be provided with the date, time, and dial-in number prior to the

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telephone conference. The parties will be notified if the pre-settlement discussion is taken off

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calendar.

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IT IS SO ORDERED.

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Dated:

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/s/ Sheila K. Oberto

June 6, 2023

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UNITED STATES MAGISTRATE JUDGE

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