Frutos et al v. United States of America

Filing 35

ORDER signed by Magistrate Judge Allison Claire on 8/27/2024 SETTING a Pre-Settlement Conference for 9/16/2024 at 11:00 AM via Zoom before Magistrate Judge Allison Claire and SETTING a Settlement Conference for 9/24/2024 at 9:00 AM via Zoom before Magistrate Judge Allison Claire. The Parties must submit a Confidential Settlement Conference Statement by 9/10/2024. (Mendez Licea, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE DEMON FRUTOS, et al.,

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No. 1:22-cv-00482 TLN CDB

Plaintiffs,
v.

ORDER

UNITED STATES OF AMERICA,
Defendant.

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Magistrate Judge Allison Claire will hold a settlement conference in this case on

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September 24, 2024, at 9:00 a.m. The settlement conference will be held via Zoom unless the

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parties request that the conference be conducted in person; login details will be provided prior to

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the date of the conference. The court expects that the parties will proceed with the settlement

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conference in good faith and attempt to resolve all or part of the case. If any party believes that

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the settlement conference will not be productive, that party shall so inform the court as far in

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advance of the settlement conference as possible. Unless otherwise specifically authorized by the

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court in advance of the settlement conference, the following individuals must participate in the

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settlement conference: (1) all of the attorney(s) who will try the case; (2) the parties; and

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(3) individuals with full authority to negotiate and settle the case, on any terms.

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No later than September 10, 2024, each party must submit to Judge Claire’s chambers at
[e-mail] a confidential settlement conference statement. These statements
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should not be filed on the docket; however, each party shall e-file a one-page document entitled

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Notice of Submission of Confidential Settlement Conference Statement. The statements should

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be marked “CONFIDENTIAL” and should state the date and time of the conference.

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While brevity is appreciated, each statement must include:

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(1) a brief recitation of the facts;

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(2) a discussion of the strengths and weaknesses of the case, from your party’s

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perspective;
(3) an itemized estimate of your party’s expected costs for further discovery, pretrial, and
trial matters, in specific dollar terms;
(4) your best estimate of the probability that plaintiff will obtain a finding of liability
should this case proceed to trial, in percentage terms;
(5) should this case proceed to trial and defendant be found liable, please provide the
following, in specific dollar terms:

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(a) a realistic high-end recovery estimate (i.e., realistic best- or worst-case

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scenario)

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(b) a realistic low-end recovery estimate (i.e., realistic worst- or best-case

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scenario), and
(c) a best estimate of the most likely outcome;
(6) a history of settlement discussions, including:

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(a) a statement of your expectations for settlement discussions;

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(b) a listing of any past and present settlement offers from any party (including all

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terms);

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(c) whether your party would consider making the opening offer or demand, and

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what that offer might be;

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(7) a list of the individuals who will be participating in the settlement conference on your
party’s behalf, including each participant’s name and, if appropriate, title;
(8) identification of any related cases or of any other cases that the parties might wish to
discuss at this settlement conference; and
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(9) a completed worksheet (blank version attached) highlighting your responses to certain
of the above questions.

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Judge Claire will hold a short, pre-settlement conference via Zoom on September 16, 2024

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at 11:00 . Only the lead attorney from each side1 should participate. At Judge Claire’s discretion,

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the joint discussion may be followed by private discussions between the judge and each party.

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Zoom login information will be provided in advance of September 16, 2024.

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In accordance with the above, it is hereby ORDERED that:

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1. A pre-settlement conference is set before Magistrate Judge Claire on September 16,

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2024 at 11:00 a.m.

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2. A settlement conference is set before Magistrate Judge Claire on September 24, 2024,
at 9:00 a.m.

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3. No later than September 10, 2024, each party must submit a confidential settlement

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conference statement, as described above, to Magistrate Judge Claire.

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DATED: August 27, 2024

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The court expects that the attorneys participating in the pre-settlement conference discussion
will also participate in the settlement conference.
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Pre-Settlement Worksheet

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Please fill in each value below
Additional cost to your party expected
for . . . discovery
. . . pretrial
. . . trial
Estimated probability of liability
finding
Realistic high-end estimate of recovery
by P
Realistic low-end estimate of recovery
by P
Best estimate of recovery by P
Last offer/demand (if any) previously
made by your party
Last offer/demand (if any) previously
made by opposing party
Proposed next offer/demand by your
party

$
$
$
%
$
$
$
$
$
$

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