Dennis v. Kerman et al

Filing 250

ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/26/2023 SETTING a Settlement Conference before Magistrate Judge Jeremy D. Peterson by Zoom on 12/13/2023 at 10:00 AM. No later than 12/6/2023 each party must submit a confidential settlement conference statement, as described in this order, to Magistrate Judge Peterson. (cc: JDP, ADR)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW M. DENNIS,

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Plaintiff,
v.
SCOTT KERNAN, et al.,

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Defendants.

Case No. 2:16-cv-00542-DAD-AC (PC)
ORDER (1) SETTING SETTLEMENT
CONFERENCE, (2) REQUIRING PERSONAL
ATTENDANCE BY CERTAIN
INDIVIDUALS, AND (3) REQUIRING
SETTLEMENT CONFERENCE
STATEMENT MEETING CERTAIN
PARAMETERS

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

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December 13, 2023 at 10:00 a.m. The court expects that the parties will proceed with the

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

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believes that the settlement conference will not be productive, that party shall so inform the court

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as far in advance of the settlement conference as possible. Unless otherwise permitted in advance

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by the court, the following individuals must attend the settlement conference: (1) all of the

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attorney(s) who will try the case; and (2) individuals with full authority to negotiate and settle the

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case, on any terms.

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No later than one week prior to the settlement conference, each party must submit to

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Judge Peterson’s chambers at [e-mail], or by mail at U.S. District Court,

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501 I Street, Suite 4-200, Sacramento, CA 95814, a confidential settlement conference statement.

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These statements should neither be filed on the docket nor served on any other party. The
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statements should be marked “CONFIDENTIAL” and should state the date and time of the

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conference. The statements should not be lengthy but should 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;

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(3) an itemized estimate of the expected costs for further discovery, pretrial, and trial

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matters, in specific dollar terms;

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(4) your best estimate of the probability that plaintiff will obtain a finding of liability
should this case proceed to trial, in percentage terms;

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(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

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(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) an estimate of restitution and fees, including court fees and filing fees, owed by
plaintiff; and
(9) identification of any related cases, any prior resolutions involving the plaintiff, or of
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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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any other cases that the parties might wish to discuss at this settlement conference.

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

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1. A settlement conference is set before Magistrate Judge Peterson on December 13,

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2023, at 10:00 a.m.
2. No later than December 6, 2023, each party must submit a confidential settlement
conference statement, as described above, to Magistrate Judge Peterson.

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Dated: October 26, 2023

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