Phillip Castaneda v. Kraft Heinz Foods Company

Filing 17

ORDER Setting Settlment Conference, signed by Magistrate Judge Jeremy D. Peterson on 9/4/2018: A settlement conference is scheduled before United States Magistrate Judge Jeremy D. Peterson on October 1, 2018 at 11:00 a.m. at the U.S. District Court, 2500 Tulare Street, Fresno, California 93721, in Courtroom 6, 7th Floor. (Hellings, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHILLIP CASTANEDA,

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Case No. 1:17-cv-01538-DAD-BAM

Plaintiff,
ORDER SETTING SETTLEMENT
CONFERENCE

v.
KRAFT HEINZ FOODS COMPANY,
LLC,
Defendants.

A settlement conference is scheduled before United States Magistrate Judge Jeremy D.

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Peterson on October 1, 2018 at 11:00 a.m. at the U.S. District Court, 2500 Tulare Street, Fresno,

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California 93721, in Courtroom 6, 7th Floor.

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Unless otherwise permitted in advance by the court, the attorneys who will try the case

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shall personally appear at the settlement conference with the parties and the person or persons

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having full authority to negotiate and settle the case, on any terms, at the conference. The

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representative from each party must have unlimited authority and unfettered discretion—at the

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time of the settlement conference—to negotiate and enter into a binding settlement. This

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authority must include fully exploring settlement options and agreeing to any settlement term

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acceptable to the parties. Those attending the settlement conference must be prepared to discuss

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the claims, defenses, and damages. The failure of any counsel, party, or authorized person

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subject to this order to appear in person may result in the imposition of sanctions. The conference
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will not proceed and will be reset to another date.

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Each party must send a confidential settlement statement to the following email address:

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[e-mail]. Settlement statements must arrive no later than September 24,

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2018. At the same time, parties must also file a Notice of Submission of Confidential Settlement

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Conference Statement (See Local Rule 270(d)). Settlement statements should neither be filed

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with the Clerk of the Court nor served on any other party. Settlement statements must be marked

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confidential and indicate the date and time of the settlement conference. The confidential

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settlement statement must be no longer than five pages in length, typed or neatly printed, and

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include the following:

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1. A brief statement of the facts of the case;

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2. 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 of the likelihood of

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

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3. An estimate of the cost and time to be expended for further discovery, pretrial, and
trial;
4. The party’s position on settlement, including present demands and offers and a history
of past settlement discussions, offers, and demands;
5. A brief statement of each party’s realistic expectations and goals for the settlement
conference, including how much a party is willing to accept and/or willing to pay; and
6. If the parties intend to discuss possible joint settlement of any other actions or claims

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

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case number(s) if applicable.

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This court will vacate the settlement conference if the court finds the settlement

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conference will be neither productive nor meaningful to attempt to resolve all or part of this case.

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If a party believes that the case is not in a settlement posture, it shall inform the court and other

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parties as far in advance of the settlement conference as possible so that the court may vacate or

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reset the settlement conference. Otherwise, the parties shall proceed with the settlement
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conference in good faith to attempt to resolve all or part of the case.

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IT IS SO ORDERED.

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Dated:
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September 4, 2018
UNITED STATES MAGISTRATE JUDGE

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