Deloney v. County of Fresno et al

Filing 84

ORDER regarding settlement conference procedures and setting Settlement Conference set for 10/30/2019 at 01:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 10/4/2019. (Rooney, M)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 WILMA DELONEY, 9 Plaintiff, 10 11 No. 1:17-CV-1336 LJO-EPG ORDER REGARDING SETTLEMENT CONFERENCE PROCEDURES v. COUNTY OF FRESNO, ET AL, 12 Defendants. 13 14 15 The Court sets a settlement conference for October 30, 2019, at 1:00 pm, Courtroom 10, before Magistrate Judge Erica P. Grosjean. 16 Unless otherwise permitted in advance by the Court, the attorneys who will try the case 17 shall appear at the Settlement Conference. It is recommended that pertinent evidence to be offered 18 at trial, documents or otherwise, be brought to the settlement conference for presentation to the 19 settlement judge. Neither the settlement conference statements nor communications during the 20 settlement conference with the settlement judge can be used by either party in the trial of this 21 case. 22 Absent permission from the Court, in addition to counsel who will try the case being 23 present, the individual parties shall also be present. In the case of corporate parties, associations 24 or other entities, and insurance carriers, a representative executive with authority to discuss, 25 consider, propose and agree, or disagree, to any settlement proposal or offer shall also be present. 26 A representative with unlimited authority shall either attend in person or be available by phone 27 throughout the conference. In other words, having settlement authority “up to a certain amount” 28 1 1 is not acceptable. 2 IF ANY PARTY BELIEVES THAT A SETTLEMENT CONFERENCE WOULD 3 BE FUTILE, THEN THAT PARTY SHALL CONTACT THE COURT NOT LATER 4 THAN SEVENTY-TWO HOURS PRECEDING THE SCHEDULED SETTLEMENT 5 CONFERENCE. 6 Confidential Settlement Statements 7 At least five (5) court days prior to the settlement conference, each party shall submit a 8 Confidential Settlement Conference Statement in Word format directly to Judge Grosjean’s 9 Chambers at The statement shall not be filed on the docket or 10 served on any other party. Each statement shall be clearly marked "confidential" with the date 11 and time of the settlement conference clearly noted on the first page. The Confidential Settlement 12 Conference Statement shall include the following: 13 A. A brief statement of the facts of the case. 14 B. A brief statement of the claims and defenses, i.e., statutory or other grounds 15 upon which the claims are founded; a forthright evaluation of the parties' 16 likelihood of prevailing on the claims and defenses; and a description of the major 17 issues in dispute. 18 C. A summary of the proceedings to date. 19 D. An estimate of the cost and time to be expended for further discovery, pretrial 20 and trial. 21 E. The relief sought. 22 F. The party's position on settlement, including present demands and offers and a 23 history of past settlement discussions, offers and demands. 24 IT IS SO ORDERED. 25 26 27 28 Dated: October 3, 2019 /s/ UNITED STATES MAGISTRATE JUDGE 2

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