(PC) Kyle Nargiz v. Sherman et al

Filing 29

ORDER Regarding Settlement Conference Procedures signed by Magistrate Judge Gary S. Austin on 01/22/2022. Settlement Conference set for 5/5/2022 at 01:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean.(Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

KYLE NARGIZ,

No. 1:19-cv-01173-AWI-GSA-PC

12

Plaintiff,

13

v.

14

ORDER REGARDING SETTLEMENT
CONFERENCE PROCEDURES

STUART SHERMAN, et al.,

15

Defendants.

16
The Court sets a settlement conference for May 5, 2022, at 1:00 p.m., before Magistrate

17
18

Judge Erica P. Grosjean. The conference will be held remotely by Zoom.
Unless otherwise permitted in advance by the Court, the attorneys who will try the case

19
20

shall appear at the Settlement Conference. It is recommended that pertinent evidence to be offered

21

at trial, documents or otherwise, be brought to the settlement conference for presentation to the

22

settlement judge. Neither the settlement conference statements nor communications during the

23

settlement conference with the settlement judge can be used by either party in the trial of this

24

case.

25

Absent permission from the Court, in addition to counsel who will try the case being

26

present, the individual parties shall also be present. In the case of corporate parties, associations

27

or other entities, and insurance carriers, a representative executive with authority to discuss,

28

consider, propose and agree, or disagree, to any settlement proposal or offer shall also be present.
1

1

A representative with unlimited authority shall either attend in person or be available by phone

2

throughout the conference. In other words, having settlement authority “up to a certain amount”

3

is not acceptable.

4

IF ANY PARTY BELIEVES THAT A SETTLEMENT CONFERENCE WOULD

5

BE FUTILE, THEN THAT PARTY SHALL CONTACT THE COURT NOT LATER

6

THAN SEVENTY-TWO HOURS PRECEDING THE SCHEDULED SETTLEMENT

7

CONFERENCE.

8

Confidential Settlement Statements

9

Defendants shall provide a confidential settlement statement no later than April 28, 2022,

10

to the following email address: [e-mail]. If plaintiff does not have access to

11

email, plaintiff shall mail his confidential settlement statement, clearly captioned “Confidential

12

Settlement Conference Statement,” Attn: Magistrate Judge Erica P. Grosjean, United States

13

District Court, 2500 Tulare Street, Room 1501, Fresno, CA 93721 so that it arrives no later than

14

April 28, 2022. Parties shall also file a Notice of Submission of Confidential Settlement

15

Conference Statement which advises the Court and other parties that a Confidential Settlement

16

Conference Statement has been submitted to the Court. The Confidential Settlement Conference

17

Statement shall not be filed on the docket or served on any other party. Each statement shall be

18

clearly marked "confidential" with the date and time of the settlement conference clearly noted on

19

the first page. The Confidential Settlement Conference Statement shall include the following:

20

A. A brief statement of the facts of the case.

21

B. A brief statement of the claims and defenses, i.e., statutory or other grounds

22

upon which the claims are founded; a forthright evaluation of the parties'

23

likelihood of prevailing on the claims and defenses; and a description of the major

24

issues in dispute.

25

C. A summary of the proceedings to date.

26

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

27

and trial.

28

E. The relief sought.

2

1

F. The party's position on settlement, including present demands and offers and a

2

history of past settlement discussions, offers and demands.

3
4
5

IT IS SO ORDERED.
Dated:

January 11, 2022

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3