(PC) Villery v. Sanders et al

Filing 63

ORDER Setting Settlement Conference and Parameters and Scheduling Pre-Conference Telephonic Discussion, signed by Magistrate Judge Helena M. Barch-Kuchta on 1/18/2022. Settlement Statements due: February 17, 2023; Pre-settlement Conference: February 24, 2023; Settlement Conference: March 3, 2023; Settlement Conference set for 3/3/2023 at 10:30 AM in Courtroom 1 (ADA) before District Judge Ana de Alba; Settlement Conference set for 2/24/2023 at 10:30 AM in Yosemite (HBK) before Magistrate Judge Helena M. Barch-Kuchta. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JARED VILLERY, 12 Plaintiff, 13 v. 14 B. SANDERS, ET AL., 15 Defendants. 16 17 Case No. 1:18-cv-01067-ADA-HBK ORDER SETTING SETTLEMENT CONFERENCE AND PARAMETERS AND SCHEDULING PRE-CONFERENCE TELEPHONIC DISCUSSION Settlement Statements due: February 17, 2023 Pre-settlement Conference: February 24, 2023 Settlement Conference: March 3, 2023 18 19 20 21 Magistrate Judge Helena Barch-Kuchta will hold a settlement conference on March 3, 22 2023, at 10:30 a.m. via video teleconference. The Zoom settlement conference invitation will be 23 distributed the week prior.1 The court has reserved the entire day for this settlement conference 24 and expects the parties will proceed with the settlement conference in good faith and attempt to 25 resolve all or part of the case. If any party believes that the settlement conference will not be 26 27 28 1 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 BarchKuchta, United States Magistrate Judge, at papodaca@caed.uscourts.gov 1 productive, that party shall so inform the court as far in advance of the settlement conference as 2 possible. 3 Unless otherwise permitted in advance by the court, the following individuals must attend 4 the settlement conference in person: (1) all of the attorney(s) who will try the case; and (2) 5 individuals with full authority to negotiate and settle the case, on any terms. See Local Rule 270(f). 6 Whether one or more of the named defendants’ attendance will be required will be discussed at 7 the February 24, 2023, Pre-Settlement Telephone Conference. 8 No later than February 17, 2023, each party must submit to Judge Barch-Kuchta’s 9 chambers at hbkorders@caed.uscourts.gov or by mail at U.S. District Court, P.O. Box 575, 10 Yosemite National Park, CA 95389, a settlement conference statement. These statements should 11 neither be filed on the docket nor served on any other party. 12 In compliance with Local Rule 270(d)-(e), the settlement statements will be used 13 exclusively for the undersigned to prepare for and conduct the settlement conference. They will 14 not become part of the case file and will be shred thereafter under Local Rule 270(e). If applicable, 15 the statements should be marked “CONFIDENTIAL.” See Local Rule 270(d). The statements should not exceed ten (10) pages and should include: 16 (1) a brief recitation of the facts; 17 (2) a discussion of the strengths and weaknesses of the case, including the parties’ relevant 18 19 20 position on the factual and legal issues and brief review of the evidence to support the parties’ factual position; (3) an itemized estimate of the expected costs for further discovery, pretrial, and trial 21 22 matters, in specific dollar terms; (4) your best estimate of the probability that plaintiff will prevail should this case proceed 23 to trial; 24 (5) your best estimate of the damages or relief plaintiff may recover should this case proceed 25 to trial and plaintiff prevail (in specific dollar terms and/or injunctive relief, if applicable); 26 (6) a history of settlement discussions (including a listing of any current settlement offers 27 from any party, in specific dollar terms), a candid statement of your party’s current position on 28 2 1 settlement, including the amount that you will give/accept to settle (in specific dollar terms), and 2 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, 3 4 including names and, if appropriate, titles. 5 At the outset of the settlement conference, the undersigned may call upon the parties’ 6 counsel to give a brief (five-minute) opening presentation outlining the factual and legal highlights 7 of their case before the parties break into separate caucuses. The undersigned reserves the right to 8 dispense with the opening presentations of counsel if the undersigned determines that such 9 presentations are not likely to be productive. 10 Notwithstanding the provisions of Federal Rule of Evidence 408, all statements made by 11 the parties relating to the substance or merits of the case, whether written or oral, made for the first 12 time during the settlement conference will be deemed to be confidential and shall not be admissible 13 in evidence for any reason in the trial of the case, should the case not settle. This provision does 14 not preclude admissibility in other contexts, such as pertaining to a motion for sanctions regarding 15 the settlement conference. Judge Barch-Kuchta will hold a short, pre-settlement conference telephone discussion on 16 17 18 19 20 February 24, 2023, at 10:30 a.m. (dial-in number: 1-888-204-5984; passcode: 4446176). Only the lead attorney from each side2 should participate. At Judge Barch-Kuchta’s discretion, the joint telephonic discussion may be followed by private telephonic discussions between the judge and each party. 21 22 Dated: November 18, 2022 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 2 28 The Court expects that the attorneys participating in the telephone discussion will also participate in the settlement conference. 3

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