Johnson v. BBVA USA

Filing 22

ORDER Setting Conference and Settlement Instructions signed by Magistrate Judge Barbara A. McAuliffe on 01/06/2022. Settlement Conference set for 2/2/2022 at 01:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone.(Flores, E)

1
2
3
4

UNITED STATES DISTRICT COURT

5

FOR THE EASTERN DISTRICT OF CALIFORNIA

6
7

MARK E. JOHNSON, Successor Trustee,

8

Plaintiff,

9
10

Case No. 1:21-cv-00634-DAD-BAM
ORDER SETTING SETTLEMENT
CONFERENCE AND SETTLEMENT
INSTRUCTIONS

v.
BBVA USA, an Alabama corporation,

11

Date:
Time:
Courtroom:
Judge:

Defendant.

12

February 2, 2022
1:30 PM
Courtroom 9 (via Zoom)
Hon. Stanley A. Boone

13
14
Pursuant to the agreement of the parties, a settlement conference is SET for February 2,

15
16

2021, at 1:30 PM in Courtroom 9 (via Zoom) before Magistrate Judge Stanley A. Boone by

17

Zoom video conference. Unless otherwise permitted in advance by the Court, the attorneys

18

who will try the case shall appear at the Settlement Conference with the parties and the

19

person or persons having full authority to negotiate and settle the case on any terms at the

20

conference.
Confidential Settlement Conference Statement: At least seven (7) court days prior to

21
22

the Settlement Conference, the parties shall submit a Confidential Settlement Conference

23

Statement directly to Judge Boone’s chambers by e-mail to [e-mail].

24

The statement should not be filed with the Clerk of the Court nor served on any other party,

25

although the parties may file a Notice of Lodging of Settlement Conference Statement. Each

26

statement shall be clearly marked “confidential” with the date and time of the Settlement

27

Conference indicated prominently thereon.

28

///

1

1

The Confidential Settlement Conference Statement shall include the following:

2

A.

A brief statement of the facts of the case.

3

B.

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

4

grounds upon which the claims are founded; a forthright evaluation of the

5

parties’ likelihood of prevailing on the claims and defenses; and a

6

description of the major issues in dispute.

7

C.

A summary of the proceedings to date.

8

D.

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

9
10

E.

The relief sought.

11

F.

The party’s position on settlement, including present demands and offers

12

and a history of past settlement discussions, offers and demands.

13

The Court will vacate the settlement conference if the Court finds the settlement

14

conference will be neither productive nor meaningful to attempt to resolve all or part of this

15

case. As far in advance of the settlement conference as possible, a party shall inform the Court

16

and other parties that it believes the case is not in a settlement posture so the Court may vacate

17

or reset the settlement conference. Otherwise, the parties shall proceed with the settlement

18

conference in good faith to attempt to resolve all or part of the case.

19
20
21

IT IS SO ORDERED.
Dated:

/s/ Barbara

January 6, 2022

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

22
23
24
25
26
27
28

2