Sierra v. Spearman et al

Filing 75

ORDER SETTING Telephonic Pre-Settlement Conference and Settlement Conference Procedures, signed by Magistrate Judge Sheila K. Oberto on 12/10/2021. Pre-Settlement Conference set for 6/8/2022 at 01:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANCISCO SIERRA,

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Plaintiff,

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v.

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J. CASTELLANOS,

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Case No. 1:17-cv-01691-DAD-EPG (PC)
ORDER SETTING TELEPHONIC PRESETTLEMENT CONFERENCE AND
SETTLEMENT CONFERENCE
PROCEDURES

Defendant.

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This matter is set for a settlement conference before the undersigned on June 14, 2022, at

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10:00 a.m. (Doc. 74.) The Court herein sets a telephonic pre-settlement conference and

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conference-related procedures.

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Accordingly, the Court ORDERS:

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1. The Court SETS a telephonic pre-settlement conference for June 8, 2022, at 1:30

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p.m. before the undersigned to discuss whether the settlement conference will be

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productive. Defense counsel shall arrange for Plaintiff’s participation. The parties

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shall dial 1-888-557-8511 and enter access code 6208204# for the telephonic

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conference.

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2. The settlement conference on June 14, 2022, will be conducted over Zoom.1 Defense

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counsel shall arrange for Plaintiff’s participation. Prior to the conference, defense

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The Court will notify the parties in advance if the settlement conference will proceed by other means.

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counsel shall contact the undersigned’s courtroom deputy at

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[e-mail] for the Zoom videoconference connection

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information. The Court will issue a writ of habeas corpus ad testificandum to allow

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for Plaintiff’s participation, as appropriate.

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3. Each party or a representative with full authority to negotiate and enter into a binding

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settlement agreement shall participate in the conference. The failure of any counsel,

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party, or authorized person subject to this order to participate in the conference may

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result in the imposition of sanctions.

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4. Consideration of settlement is a serious matter that requires thorough preparation prior

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to the settlement conference. Participants in the conference must be prepared to

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discuss the claims, defenses, and damages.

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5. The parties shall engage in informal settlement negotiations as follows:

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No later than May 3, 2022, Plaintiff shall submit to Defendants, by mail, a written

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itemization of damages and a meaningful settlement demand, including a brief

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explanation of why such settlement is appropriate, which shall not exceed 5 pages.

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No later than May 17, 2022, Defendants shall respond, by mail or telephone, with an
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acceptance of Plaintiff’s offer or a meaningful counteroffer, including a brief

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explanation of why such settlement is appropriate.
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If settlement is achieved, the parties shall file a Notice of Settlement as required by

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Local Rule 160.

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6. If settlement is not achieved informally, the parties shall submit confidential

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settlement conference statements no later than May 31, 2022. Defendants shall email

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their statement to [e-mail]. Plaintiff shall mail his statement,

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clearly captioned “Confidential Settlement Conference Statement,” to United States

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District Court, Attn: Magistrate Judge Sheila K. Oberto, 2500 Tulare Street, Room

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1501, Fresno, CA 93721.

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Once the parties have submitted their statements, they shall file a “Notice of
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Submission of Confidential Settlement Conference Statement” with the court. The

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confidential settlement conference statements themselves should not be filed with the

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court nor served on the opposing party.

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7. The confidential settlement conference statements should be no longer than 5 pages in

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length and include:

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a. A brief summary of the facts of the case;

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b. A brief summary of the claims and defenses of the case, i.e., the statutory,

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constitutional, or other grounds upon which the claims are founded;

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c. A forthright discussion of the strengths and weaknesses of the case and an

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evaluation of the likelihood of prevailing on the claims or defenses, from the

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party’s perspective, and a description of the major issues in dispute;

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d. An estimate of the party’s expected costs and time to be expended for further

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discovery, pretrial matters, and trial;

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e. A summary of past settlement discussions, including the informal settlement

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negotiations required above; a statement of the party’s current position on

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settlement, including the amount the party would offer and accept to settle (in

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specific dollar amounts); and a statement of the party’s expectations for settlement

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discussions;

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f. A list of the individuals who will be attending the conference on the party’s behalf,

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including names and, if appropriate, titles; and,

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g. If a party intends to discuss the settlement of any other actions or claims not raised

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in this suit, a brief description of each action or claim, including case number(s), as

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applicable.

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IT IS SO ORDERED.

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Dated:

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/s/ Sheila K. Oberto

December 10, 2021

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UNITED STATES MAGISTRATE JUDGE

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