Roadrunner Intermodal Services, LLC v. T.G.S. Transportation, Inc.

Filing 257

ORDER RE SETTLEMENT CONFERENCE, signed by Magistrate Judge Stanley A. Boone on 9/17/2021. (Apodaca, P)

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Case 1:17-cv-01056-DAD-BAM Document 257 Filed 09/17/21 Page 1 of 2 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ROADRUNNER INTERMODAL SERVICES, LLC, et al., Case No. 1:17-cv-01056-DAD-BAM ORDER RE SETTLEMENT CONFERENCE Plaintiffs, 11 12 v. 13 T.G.S. TRANSPORTATION, INC., et al., 14 Defendants. 15 16 This action has been referred to the undersigned for a settlement conference and a 17 settlement conference has been set for November 15, 2021, at 9:30 a.m. in Courtroom 9 before 18 the undersigned. Unless otherwise permitted in advance by the Court, the attorneys who will 19 try the case shall appear at the Settlement Conference with the parties and the person or 20 persons having full authority to negotiate and settle the case on any terms at the conference. 21 Given the current COVID-19 pandemic there will be no personal appearances and the Court 22 finds that the settlement conference in this proceeding shall be held by videoconference. All 23 parties required to appear at the settlement conference shall appear via videoconference. The 24 Courtroom Deputy will contact the parties with the videoconference login information prior to 25 the settlement conference. 26 Confidential Settlement Conference Statement: At least seven (7) court days prior to 27 the Settlement Conference, the parties shall submit a Confidential Settlement Conference 28 Statement directly to Judge Boone’s chambers by e-mail to SABOrders@caed.uscourts.gov. The 1 Case 1:17-cv-01056-DAD-BAM Document 257 Filed 09/17/21 Page 2 of 2 1 statement should not be filed with the Clerk of the Court nor served on any other party, 2 although the parties may file a Notice of Lodging of Settlement Conference Statement. Each 3 statement shall be clearly marked “confidential” with the date and time of the Settlement 4 Conference indicated prominently thereon. The Confidential Settlement Conference Statement shall include the following: 5 6 A. A brief statement of the facts of the case. 7 B. A brief statement of the claims and defenses, i.e., statutory or other 8 grounds upon which the claims are founded; a forthright evaluation of the 9 parties’ likelihood of prevailing on the claims and defenses; and a description of the major issues in dispute. 10 11 C. A summary of the proceedings to date. 12 D. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 13 14 E. The relief sought. 15 F. The party’s position on settlement, including present demands and offers and a history of past settlement discussions, offers and demands. 16 The Court will vacate the settlement conference if the Court finds the settlement 17 18 conference will be neither productive nor meaningful to attempt to resolve all or part of this case. 19 As far in advance of the settlement conference as possible, a party shall inform the Court and 20 other parties that it believes the case is not in a settlement posture so the Court may vacate or 21 reset the settlement conference. Otherwise the parties shall proceed with the settlement 22 conference in good faith to attempt to resolve all or part of the case. 23 24 IT IS SO ORDERED. 25 Dated: September 17, 2021 UNITED STATES MAGISTRATE JUDGE 26 27 28 2

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