Lopez v. D. Scott Carruthers APLC
ORDER regarding settlement conference procedures and setting Settlement Conference set for 11/21/2019 at 01:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 10/4/2019. (Rooney, M)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER REGARDING SETTLEMENT
D. SCOTT CARRUTHERS APLIC,
The Court sets a settlement conference for November 21, 2019, at 1:00 pm, Courtroom
10, before Magistrate Judge Erica P. Grosjean.
Unless otherwise permitted in advance by the Court, the attorneys who will try the case
shall appear at the Settlement Conference. It is recommended that pertinent evidence to be offered
at trial, documents or otherwise, be brought to the settlement conference for presentation to the
settlement judge. Neither the settlement conference statements nor communications during the
settlement conference with the settlement judge can be used by either party in the trial of this
Absent permission from the Court, in addition to counsel who will try the case being
present, the individual parties shall also be present. In the case of corporate parties, associations
or other entities, and insurance carriers, a representative executive with authority to discuss,
consider, propose and agree, or disagree, to any settlement proposal or offer shall also be present.
A representative with unlimited authority shall either attend in person or be available by phone
throughout the conference. In other words, having settlement authority “up to a certain amount”
is not acceptable.
IF ANY PARTY BELIEVES THAT A SETTLEMENT CONFERENCE WOULD
BE FUTILE, THEN THAT PARTY SHALL CONTACT THE COURT NOT LATER
THAN SEVENTY-TWO HOURS PRECEDING THE SCHEDULED SETTLEMENT
Confidential Settlement Statements
At least five (5) court days prior to the settlement conference, each party shall submit a
Confidential Settlement Conference Statement in Word format directly to Judge Grosjean’s
Chambers at firstname.lastname@example.org. The statement shall not be filed on the docket or
served on any other party. Each statement shall be clearly marked "confidential" with the date
and time of the settlement conference clearly noted on the first page. The Confidential Settlement
Conference Statement shall include the following:
A. A brief statement of the facts of the case.
B. A brief statement of the claims and defenses, i.e., statutory or other grounds
upon which the claims are founded; a forthright evaluation of the parties'
likelihood of prevailing on the claims and defenses; and a description of the major
issues in dispute.
C. A summary of the proceedings to date.
D. An estimate of the cost and time to be expended for further discovery, pretrial
E. The relief sought.
F. The party's position on settlement, including present demands and offers and a
history of past settlement discussions, offers and demands.
IT IS SO ORDERED.
October 4, 2019
UNITED STATES MAGISTRATE JUDGE
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