Shepard v. Borum et al

Filing 124

ORDER Setting Settlement Conference and Parameters and Scheduling Pre-Conference Telephone Discussion signed by Magistrate Judge Helena M. Barch-Kuchta on 0202/2023. Settlement Statement due by 2/27/2023; Status Conference set for 3/6/2023 at 01:00 PM in Yosemite (HBK) before Magistrate Judge Helena M. Barch-Kuchta; Settlement Conference set for 3/13/2023 at 10:00 AM in Yosemite (HBK) before Magistrate Judge Helena M. Barch-Kuchta. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAMONT SHEPARD,

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Plaintiff,

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v.

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M. BORUM and J. ACEBEDO,

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Defendants.

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Case No. 1:18-cv-00277-ADA-HBK (PC)
ORDER SETTING SETTLEMENT
CONFERENCE AND PARAMETERS AND
SCHEDULING PRE-CONFERENCE
TELEPHONIC DISCUSSION
Settlement Statements Due: February 27, 2023
Telephonic Pre-Conference: March 6, 2023
Settlement Conference:
March 13, 2023

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On February 1, 2022, United States District Judge Ana de Alba referred this case to the

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undersigned for a settlement conference. (Doc. No. 122). As a result, pursuant to Local Rule

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270(b), the Court sets this matter for a settlement conference. Absent any objection from the

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parties,1 Magistrate Judge Helena Barch-Kuchta will hold a settlement conference on Monday,

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March 13, 2023 at 10:00 a.m. Unless all parties request the conference to be in-person, the

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Because the undersigned is not the trial judge, the Court’s Local Rules do not prohibit the undersigned
from conducing the settlement conference. Local Rule 270(b). If any party requests that the conference
not be conducted by the undersigned, the undersigned will refer it to another Magistrate Judge. Id.
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Court will conduct the settlement conference via video conference. The Zoom settlement

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conference invitation will be distributed the week prior.2 The Court is aware that the parties have

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twice engaged in settlement discussions that resulted in an impasse. The Court nonetheless has

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reserved the entire day for this settlement conference and expects the parties will proceed with the

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settlement conference in good faith and attempt to resolve this case.

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Unless otherwise permitted in advance by the Court, the following individuals must attend

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the settlement conference in person: (1) the attorney(s) or pro se litigant who will try the case; and

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(2) individuals with full authority to negotiate and settle the case, on any terms. See Local Rule

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270(f). Whether one or more of the named defendants’ attendance will be required will be

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discussed at the March 6, 2023 Pre-Settlement Telephone Conference.

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No later than Monday, February 27, 2023, each party must submit a settlement

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statement either by email to Judge Barch-Kuchta’s chambers at [e-mail] or

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by mail to U.S. District Court, P.O. Box 575, Yosemite National Park, CA 95389. The statement

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should neither be filed on the docket nor served on any other party. In compliance with Local

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Rule 270(d)-(e), the undersigned will use the settlement statements to prepare for and conduct the

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settlement conference. The statements will not become part of the case file and will be shred

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upon conclusion of the conference under Local Rule 270(e). If applicable, the statements should

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be marked “CONFIDENTIAL.” See Local Rule 270(d).

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The settlement statements should not exceed ten (10) page, excluding exhibits and should
include:

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(1) a brief recitation of the facts;

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(2) a discussion of the strengths and weaknesses of the case, including the parties’ relevant

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position on the factual and legal issues and brief review of the evidence to support the parties’

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factual position;

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(3) an itemized estimate of the expected costs for further discovery, pretrial, and trial

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Any difficulties concerning Zoom video conference, or connecting to the Zoom video conference, shall
immediately be reported to Patricia Apodaca, Courtroom Deputy for the Hon. Helena Barch-Kuchta, United
States Magistrate Judge, at [e-mail]

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matters, in specific dollar terms;

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(4) your best estimate of the probability that plaintiff will prevail should this case proceed
to trial;
(5) your best estimate of the damages or relief plaintiff may recover should this case

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proceed to trial and plaintiff prevail (in specific dollar terms and/or injunctive relief, if

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applicable);

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(6) a history of settlement discussions (including a listing of any current settlement offers

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from any party, in specific dollar terms), a candid statement of your party’s current position on

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settlement, including the amount that you will give/accept to settle (in specific dollar terms),

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and a statement of your expectations for settlement discussions;
(7) a list of the individuals who will be attending the settlement on the party’s behalf,
including names and, if appropriate, titles;
(8) no more than ten (10) pages of exhibits (not already filed in the docket) to the extent a
party believes the exhibits are relevant to their position.
At the beginning of the settlement conference, the parties’ counsel may give a brief (five-

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minute) opening presentation outlining the factual and legal highlights of their case before the

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parties break into separate caucuses. The undersigned reserves the right to forego counsels’

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opening presentations if the undersigned determines that such presentations are not likely to be

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productive.

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Notwithstanding the provisions of Federal Rule of Evidence 408, all parties’ statements

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relating to the substance or merits of the case, whether written or oral, made for the first time

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during the settlement conference will be deemed to be confidential and shall not be admissible in

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evidence for any reason in the trial of the case, should the case not settle. This provision does not

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preclude admissibility in other contexts, such as pertaining to a motion for sanctions regarding the

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settlement conference.

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Judge Barch-Kuchta will hold a short, pre-settlement conference telephone discussion on

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Monday, March 6, 2023, at 1:00 p.m. (dial-in number: 1-888-204-5984; passcode: 4446176).

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Only the lead attorney from each side should participate. At Judge Barch-Kuchta’s discretion, the
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joint telephonic discussion may be followed by private telephonic discussions between the judge

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and each party.

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Dated:

February 2, 2023
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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