Nam v. Safeco Insurance Company of America

Filing 18

ORDER setting Settlement Conference for 8/12/2021 at 01:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 6/3/2021. (Rooney, M)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 KITAE NAM, 8 No. 1:20-CV-01273 NONE EPG Plaintiff, 9 ORDER REGARDING SETTLEMENT CONFERENCE PROCEDURES v. 10 SAFECO INSURANCE COMPANY OF AMERICA, 11 Defendant. 12 13 14 15 The Court sets a settlement conference for August 12, 2021, at 1:00 pm, Courtroom 10, before Magistrate Judge Erica P. Grosjean. 16 The Court is willing to conduct the conference in person or remotely, by Zoom. The 17 parties shall meet and confer and email the Court at no later than 18 fourteen days from today regarding their preference. If all parties do not agree to conduct the 19 conference by Zoom, or if the parties do not email the Court within fourteen days, the conference 20 will take place in person.1 21 Unless otherwise permitted in advance by the Court, the attorneys who will try the case 22 shall appear at the Settlement Conference. It is recommended that pertinent evidence to be offered 23 at trial, documents or otherwise, be brought to the settlement conference for presentation to the 24 settlement judge. Neither the settlement conference statements nor communications during the 25 settlement conference with the settlement judge can be used by either party in the trial of this 26 case. 27 28 1 Covid-19 restrictions, such as social distancing and masks, may be required. 1 1 Absent permission from the Court, in addition to counsel who will try the case being 2 present, the individual parties shall also be present. In the case of corporate parties, associations 3 or other entities, and insurance carriers, a representative executive with authority to discuss, 4 consider, propose and agree, or disagree, to any settlement proposal or offer shall also be present. 5 A representative with unlimited authority shall either attend in person or be available by phone 6 throughout the conference. In other words, having settlement authority “up to a certain amount” 7 is not acceptable. 8 IF ANY PARTY BELIEVES THAT A SETTLEMENT CONFERENCE WOULD 9 BE FUTILE, THEN THAT PARTY SHALL CONTACT THE COURT NOT LATER 10 THAN SEVENTY-TWO HOURS PRECEDING THE SCHEDULED SETTLEMENT 11 CONFERENCE. 12 Confidential Settlement Statements 13 At least five (5) court days prior to the settlement conference, each party shall submit a 14 Confidential Settlement Conference Statement in Word format directly to Judge Grosjean’s 15 Chambers at The statement shall not be filed on the docket or 16 served on any other party. Each statement shall be clearly marked "confidential" with the date 17 and time of the settlement conference clearly noted on the first page. The Confidential Settlement 18 Conference Statement shall include the following: 19 A. A brief statement of the facts of the case. 20 B. A brief statement of the claims and defenses, i.e., statutory or other grounds 21 upon which the claims are founded; a forthright evaluation of the parties' 22 likelihood of prevailing on the claims and defenses; and a description of the major 23 issues in dispute. 24 C. A summary of the proceedings to date. 25 D. An estimate of the cost and time to be expended for further discovery, pretrial 26 and trial. 27 E. The relief sought. 28 F. The party's position on settlement, including present demands and offers and a 2 1 2 history of past settlement discussions, offers and demands. IT IS SO ORDERED. 3 4 5 Dated: June 3, 2021 /s/ 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

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