Etchegaray Farms, LLC v. Lehr Brothers, Inc., et al.

Filing 36

ORDER RE FURTHER SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 9/5/2018. Further Settlement Conference set for 9/10/2018 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Pending the settlement conference, the case is Stayed. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

15

ORDER RE FURTHER SETTLEMENT
CONFERENCE

Plaintiff,

13
14

CASE NO. 1:17−CV−01449−AWI−JLT

ETCHEGARAY FARMS, LLC, a
California limited liability company,

v.

(Doc. 29)

LEHR BROTHERS, INC., et al,

16

Defendants.

17
18

AND RELATED ACTION

19
20

The Court conducted a settlement conference recently at which it appeared that settlement

21 was not achievable because the parties had not sufficiently discovered the factual contentions of
22 their opponent. At the conference, the parties agreed that the Court would set a further settlement
23 conference.
24

As agreed by counsel, the conference will begin with the attorneys explaining their clients’

25 factual contentions and the evidence upon which their contentions are based. Counsel will not
26 argue the law or argue why they believe the law supports their cases. Counsel may pose questions,
27 though their opponent need not answer if doing so appears to be unproductive to the settlement
28 process or would violate an attorney’s duty to the client.

1

1

The parties are encouraged to be present during this exchange, but they may also choose

2 to be available by telephone or to wait in an anteroom. If they appear at the exchange, they are
3 encouraged to observe but not to contribute directly to the information, though they will not be
4 precluded from doing so, unless their contributions become unproductive to the settlement process.
5 The attorneys and clients will be permitted to confer in private, as necessary.
6

The Court will not be present for the presentation of the factual contentions by counsel,

7 unless all counsel desire otherwise. Once the factual exchange is complete, the Court will facilitate
8 further settlement discussions. The factual exchange will commence at 10 a.m. with the defense
9 presenting first (because this information exchange was the defense’s idea). The settlement
10 conference, if productive, may continue through as late as 3 p.m., though it will terminate by 3
11 p.m., no matter the progress1.
12

If any party disagrees with this process as described, they SHALL file an objection and

13 LODGE the objection via email to [e-mail] (copied to opposing counsel)
14 no later than noon on September 7, 2018. If there is an objection, the Court will vacate the further
15 settlement conference, though it will be amenable to setting a further settlement conference in the
16 future, once needed formal discovery is completed, if jointly requested. Upon these circumstances,
17 the Court ORDERS:
18

1.

The Court sets a further settlement conference on September 10, 2018 at 10:00 a.m.

19 It will conclude no later than 3 p.m.;
20

2.

Pending the further settlement conference, the case is STAYED.

21
22

IT IS SO ORDERED.
Dated:

23

September 5, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

24
25
26
27
1

Counsel and the parties may bring snacks and beverages to the settlement conference. If they choose to do so, they

28 will respect the cleanliness of the courthouse and be responsible for their own cleanup.
2