Vaughn v. Teran

Filing 81

ORDER SETTING SETTLEMENT CONFERENCE AND PARAMETERS AND SCHEDULING PRE-CONFERENCETELEPHONIC DISCUSSION signed by Magistrate Judge Helena M. Barch-Kuchta on 7/5/2022. Settlement Statements due by 7/11/2022. Telephonic Pre-settlement Conference set for 7/15/2022 at 10:00 AM (HBK) before Magistrate Judge Helena Barch-Kuchta; Settlement Conference set for 7/22/2022 at 10:00 AM (HBK) before Magistrate Judge Helena Barch-Kuchta. (Apodaca, P)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK A. VAUGHN,

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Plaintiff,

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v.

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TERAN,

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Defendants.

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Case No. 1:17-cv-00966-DAD-BAK
ORDER SETTING SETTLEMENT
CONFERENCE AND PARAMETERS AND
SCHEDULING PRE-CONFERENCE
TELEPHONIC DISCUSSION
Settlement Statements due: July 11, 2022
Pre-settlement Conference: July 15, 2022
Settlement Conference:
July 22, 2022

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Magistrate Judge Helena Barch-Kuchta will hold a settlement conference on July 22,

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2022, 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

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

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

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Any difficulties concerning Zoom video conference, or connecting to the Zoom video
conference, shall immediately be reported to Patricia Apodaca, Courtroom Deputy for the Hon.
Helena Barch-Kuchta, United States Magistrate Judge, at [e-mail]

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productive, that party shall so inform the court as far in advance of the settlement conference as

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possible.

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Unless otherwise permitted in advance by the court, the following individuals must attend

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

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

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270(f). Whether one or more of the named defendants’ attendance will be required will be

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discussed at the July 15, 2022, Pre-Settlement Telephone Conference.

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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

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

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These 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

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

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and 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,
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

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

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the right to dispense with the opening presentations of counsel if the undersigned determines that

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such 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

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

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

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provision does not preclude admissibility in other contexts, such as pertaining to a motion for

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sanctions regarding the settlement conference.
Judge Barch-Kuchta will hold a short, pre-settlement conference telephone discussion on

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July 15, at 10:00 a.m. (dial-in number: 1-888-204-5984; passcode: 4446176). Only the lead
attorney from each side2 should participate.

At Judge Barch-Kuchta’s discretion, the joint

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

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Dated:

July 5, 2022
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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