(PC) Brown v. Rodriguez et al

Filing 45

ORDER Setting Settlement Conference signed by Magistrate Judge Sheila K. Oberto on 1/14/2021. Settlement Conference set for 4/15/2021 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK ANTHONY BROWN,

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Plaintiff,

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v.
F. RODRIGUEZ, et al.,

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Case No. 1:20-cv-00661-NONE-EPG (PC)
ORDER SETTING SETTLEMENT
CONFERENCE
Date: April 15, 2021
Time: 10:30 a.m.

Defendants.

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On January 4, 2021, the Court granted Plaintiff’s motion for an early settlement

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conference and directed Defendants’ counsel to contact the undersigned’s courtroom deputy to

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schedule the conference. (Doc. 42.)

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Accordingly, the Court ORDERS:

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1. This matter is set for a settlement conference via Zoom before the undersigned on
April 15, 2021, at 10:30 a.m.

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2. Defense counsel shall arrange for Plaintiff’s participation. Prior to the conference,

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defense counsel shall contact the undersigned’s courtroom deputy at

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[e-mail] to arrange for the Zoom videoconference connection

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information. The Court will issue a writ of habeas corpus ad testificandum, as

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appropriate.

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3. Each party or a representative with full authority to negotiate and enter into a binding

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settlement agreement shall participate in the conference. The failure of any counsel,

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party, or authorized person subject to this order to participate in the conference may

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result in the imposition of sanctions.

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4. Consideration of settlement is a serious matter that requires thorough preparation prior

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to the settlement conference. Participants in the conference must be prepared to

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discuss the claims, defenses, and damages.

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5. The parties shall engage in informal settlement negotiations as follows:
No later than February 12, 2020, Plaintiff shall submit to Defendants, by mail, a

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written itemization of damages and a meaningful settlement demand, including a brief

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explanation of why such settlement is appropriate, which should not exceed 5 pages.

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No later than March 5, 2021, Defendants shall respond, by mail or telephone, with
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an acceptance of Plaintiff’s offer or a meaningful counteroffer, including a brief

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explanation of why such settlement is appropriate.
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If settlement is achieved, the parties shall file a Notice of Settlement as required by

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Local Rule 160.

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6. If settlement is not achieved informally, the parties shall submit confidential

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settlement conference statements no later than April 2, 2021.

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Defendants shall email their statement to [e-mail]. Plaintiff shall

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mail his statement, clearly captioned “Confidential Settlement Conference Statement,”

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to United States District Court, Attn: Magistrate Judge Sheila K. Oberto, 2500 Tulare

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Street, Room 1501, Fresno, CA 93721.

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Once the parties have submitted their statements, they shall file a “Notice of
Submission of Confidential Settlement Conference Statement” with the court. The

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confidential settlement conference statements themselves should not be filed with the
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court or served on the opposing party.
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7. The confidential settlement conference statements should be no longer than 5 pages in

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length, typed or neatly printed, and include:

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a. A brief summary of the facts of the case;

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b. A brief summary of the claims and defenses of the case, i.e., the statutory,

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constitutional, or other grounds upon which the claims are founded;

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c. A forthright discussion of the strengths and weaknesses of the case and an

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evaluation of the likelihood of prevailing on the claims or defenses, from the

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party’s perspective, and a description of the major issues in dispute;
d. An estimate of the party’s expected costs and time to be expended for further

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discovery, pretrial matters, and trial;

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e. A summary of past settlement discussions, including the initial settlement

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negotiations required above; a statement of the party’s current position on

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settlement, including the amount the party would offer and accept to settle (in

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specific dollar amounts); and a statement of the party’s expectations for settlement

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discussions;
f. A list of the individuals who will be attending the conference on the party’s behalf,

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including names and, if appropriate, titles; and,

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g. If a party intends to discuss the settlement of any other actions or claims not raised

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in this suit, a brief description of each action or claim, including case number(s), as

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applicable.

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IT IS SO ORDERED.
Dated:

January 14, 2021

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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