Schmuckley et al v. Rite Aid Corporation

Filing 466

ORDER signed by Magistrate Judge Jeremy D. Peterson on 1/25/2023 ORDERING A Pre-Settlement Telephonic Conference set for 2/2/2023 at 02:00 PM before Magistrate Judge Jeremy D. Peterson. Settlement Conference set for 2/8/2023 at 10:00 PM by Zoom, before Magistrate Judge Jeremy D. Peterson. Notice of Waiver of Disqualification of Settlement Judge Pursuant to Local Rule 270(b) due by 1/30/2023, and A Confidential Settlement Conference Statement due by 1/30/2023.(Reader, L)

Case 2:12-cv-01699-KJM-JDP Document 466 Filed 01/25/23 Page 1 of 5
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, et al.,
ex rel. LOYD F. SCHMUCKLEY, JR.,

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Plaintiffs,
v.
RITE AID CORPORATION, et al.,

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Defendants.

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Case No. 2:12-CV-01699-KJM-JDP

ORDER (1) SETTING SETTLEMENT
CONFERENCE, (2) REQUIRING PERSONAL
ATTENDANCE BY CERTAIN
INDIVIDUALS, (3) REQUIRING FILING OF
DISQUALIFICATION WAIVER, (4)
REQUIRING SETTLEMENT CONFERENCE
STATEMENT MEETING CERTAIN
PARAMETERS, AND (5) SCHEDULING
PRE-CONFERENCE DISCUSSION

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STATE OF CALIFORNIA ex rel. LOYD
F. SCHMUCKLEY, JR.,
Plaintiff,

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v.
RITE AID CORPORATION, et al.,
Defendants.

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Magistrate Judge Jeremy D. Peterson will hold a settlement conference by Zoom on

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February 8, 2023, at 10:00 a.m. The Zoom settlement conference invitation will be distributed

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the week prior. The court expects that the parties will proceed with the settlement conference in

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

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Case 2:12-cv-01699-KJM-JDP Document 466 Filed 01/25/23 Page 2 of 5
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conference will not be productive, that party shall so inform the court as far in advance of the

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settlement conference as possible. Unless otherwise specifically authorized by the court in

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

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conference: (1) all of the attorney(s) who will try the case; (2) the parties; and (3) individuals with

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full authority to negotiate and settle the case, on any terms.

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No later than noon on January 30, 2023, each party must file a Notice of Waiver of

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Disqualification of Settlement Judge Pursuant to Local Rule 270(b) form. The form is available

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on the court’s website at: https://www.caed.uscourts.gov/caednew/index.cfm/forms/civil/.

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No later than noon on January 30, 2023, each party must submit to Judge Peterson’s

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chambers at [e-mail] a confidential settlement conference statement. These

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statements should neither be filed on the docket nor served on any other party. The statements

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should 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
scenario)

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(b) a realistic low-end recovery estimate (i.e., realistic worst- or best-case
scenario), and
(c) a best estimate of the most likely outcome;

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(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
what that offer might be1;
(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
(9) a completed worksheet (blank version attached) highlighting your responses to certain
of the above questions.
In addition, a joint statement quoting the specific proposed language for the Settlement
Agreement and Affidavit including each party’s contentions with respect thereto.
Judge Peterson will hold a short, pre-settlement conference telephone discussion on

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February 2, 2023 at 2:00 p.m. (dial-in number: 1-888-557-8511; passcode: 1273468). Only the

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lead attorney from each side2 should participate. At Judge Peterson’s discretion, the joint

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telephonic discussion may be followed by private telephonic discussions between the judge and

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each party.

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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 Peterson on February 2,

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2023 at 2:00 p.m.
2. A settlement conference is set before Magistrate Judge Peterson on February 8, 2023,
at 10:00 a.m.

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Please note that Judge Peterson will consider this response, among others, in evaluating
whether proceeding with a settlement conference appears worthwhile.
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The court expects that the attorneys participating in the telephone discussion will also
participate in the settlement conference.

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3. No later than noon on January 30, 2023, each party m file a Notice of Waiver of
Disqualification of Settlement Judge Pursuant to Local Rule 270(b) form.
4. No later than noon on January 30, 2023, each party must submit a confidential
settlement conference statement, as described above, to Magistrate Judge Peterson.

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Dated: January 25, 2023

Case 2:12-cv-01699-KJM-JDP Document 466 Filed 01/25/23 Page 5 of 5

Pre-Settlement Worksheet
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

$
$
$
%
$
$
$
$
$
$