Barnett v. Fisher, Jr.

Filing 31

ORDER setting Settlement Conference and extending Stay of Action signed by Magistrate Judge Jennifer L. Thurston on 8/19/2019. (Settlement Conference set for 9/24/2019 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No.: 1:17-cv-01361-JLT (PC)

DELBERT BARNETT,

ORDER SETTING SETTLEMENT
CONFERENCE AND EXTENDING
STAY OF ACTION

Plaintiff,
v.

DATE: September 24, 2019
TIME: 9:00 a.m.

FISHER, Jr.,

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Defendant.

(Doc. 30)

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The parties responded to this Court’s order referring the case to the post-screening ADR

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project that they believed a settlement conference would be beneficial in this case. Therefore, this

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case will set for a settlement conference before the undersigned at the U. S. District Court, 510

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19th Street, Bakersfield, California 93301, on September 24, 2019, at 9:00 a.m.1 The Court

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ORDERS:

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1. This case is set for a settlement conference on September 24, 2019, at 9:00 a.m.,

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before Magistrate Judge Jennifer L. Thurston at the U. S. District Court, 510 19th

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Street, Bakersfield, California 93301.

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2. Unless otherwise permitted in advance by the Court, the attorneys who will try the

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case shall appear at the settlement conference with the parties and the person or

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Defendants filed a request to extend the stay of this action by 45 days beyond the date of the settlement
conference. (Doc. 30.) An additional stay is appropriate, but Defendants do not provide any evidence for seeking an
additional 45 days and the Court finds none. Their motion will be granted to the extent that the stay of this action
will be extended and they shall have 30 days beyond the settlement conference to file a responsive pleading.

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persons having full authority to negotiate and settle the case on any reasonable terms

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discussed at the conference.

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3. Those in attendance must be prepared to discuss the claims, defenses and damages.

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The failure of any counsel, party or authorized person subject to this order to appear in

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person may result in the imposition of sanctions. In addition, the conference will not

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proceed and will be reset to another date.

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4. No later than September 1, 2019, Plaintiff SHALL submit to Defendants, by mail, a

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written itemization of damages and a meaningful settlement demand, which includes a

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brief explanation of why such a settlement is appropriate, not to exceed ten pages in

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length.

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5. No later than September 8, 2019, Defendants SHALL respond, by telephone or in

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person, with an acceptance of the offer or with a meaningful counteroffer, which

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includes a brief explanation of why such a settlement is appropriate. If settlement is

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achieved, defense counsel is to immediately inform the Courtroom Deputy of

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Magistrate Judge Thurston.

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6. If settlement is not achieved informally, Defendants are directed to submit confidential

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settlement statements no later than September 17, 2019 to the following email

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address: [e-mail]. Plaintiff shall mail his confidential settlement

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statement to the court at the above address so it arrives no later than September 17,

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2019. The envelope shall be marked “Confidential Settlement Statement.” Parties

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shall also file a “Notice of Submission of Confidential Settlement Statement.” (See

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Local Rule 270(d).)

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7. The stay of this action is extended and Defendants shall have 30 days beyond the
September 24, 2019 settlement conference to file a responsive pleading.
Settlement statements should not be filed with the Clerk of the Court or served on any

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other party. Settlement statements shall be clearly marked “confidential” with the date and time

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of the settlement conference indicated prominently thereon. The confidential settlement
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statement shall be no longer than five pages in length, typed or neatly printed, and include the

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following:

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a. A brief statement of the facts of the case.

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b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon

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which the claims are founded; a forthright evaluation of the parties’ likelihood of

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prevailing on the claims and defenses; and a description of the major issues in

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dispute.

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

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trial.
d. The party’s position on settlement, including present demands and offers and a

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history of past settlement discussions, offers, and demands.
e. A brief statement of each party’s expectations and goals for the settlement

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conference, including how much a party is willing to accept and/or willing to pay.

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f. If the parties intend to discuss the joint settlement of any other actions or claims

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not in this suit, give a brief description of each action or claim as set forth above,

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including case number(s) is applicable.

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IT IS SO ORDERED.
Dated:

August 19, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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