West Pacific Electric Company Corporation v. Dragados/Flatiron, et al.

Filing 78

ORDER Setting Settlement Conference and Settlement Instructions, signed by Magistrate Judge Barbara A. McAuliffe on 8/26/2019. (Settlement Conference set for 9/13/2019 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone.) (Valdez, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WEST PACIFIC ELECTRIC COMPANY
CORPORATION,
Plaintiff,

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Case No. 1:18-cv-00166-LJO-BAM
ORDER SETTING SETTLEMENT
CONFERENCE AND SETTLEMENT
INSTRUCTIONS

v.
DRAGADOS/FLATIRON, et al.,
Defendants.

Date:
Time:
Courtroom:
Judge:

September 13, 2019
9:30 a.m.
Courtroom 9
Hon. Stanley A. Boone

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Pursuant to the agreement of the parties, a settlement conference SET for September 13,

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2019, at 9:30 a.m. in Courtroom 9 before Magistrate Judge Stanley A. Boone at the U.S. District

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Court, 2500 Tulare Street, Fresno, California 93721. Unless otherwise permitted in advance by

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the Court, the attorneys who will try the case shall appear at the Settlement Conference with

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the parties and the person or persons having full authority to negotiate and settle the case on

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any terms at the conference.

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Confidential Settlement Conference Statement: At least seven (7) court days prior to the

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Settlement Conference, the parties shall submit a Confidential Settlement Conference Statement

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directly to Judge Boone’s chambers by e-mail to [e-mail]. The statement

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should not be filed with the Clerk of the Court nor served on any other party, although the

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parties may file a Notice of Lodging of Settlement Conference Statement. Each statement shall

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be clearly marked “confidential” with the date and time of the Settlement Conference indicated
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prominently thereon.
The Confidential Settlement Conference Statement shall include the 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

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grounds upon which the claims are founded; a forthright evaluation of the

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parties’ likelihood of prevailing on the claims and defenses; and a

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description of the major issues in dispute.

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C.

A summary of the proceedings to date.

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D.

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

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pretrial and trial.

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E.

The relief sought.

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F.

The party’s position on settlement, including present demands and offers

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and a history of past settlement discussions, offers and demands.

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The 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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As far in advance of the settlement conference as possible, a party shall inform the Court and

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other parties that it believes the case is not in a settlement posture so the Court may vacate or

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reset the settlement conference.

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conference in good faith to attempt to resolve all or part of the case.

Otherwise the parties shall proceed with the settlement

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 26, 2019

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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