Spears v. Bianchi, et al
Filing
86
ORDER signed by Magistrate Judge Jeremy D. Peterson on 11/2/2021 ORDERING a Settlement Conference SET for 12/1/2021 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson. No later than November 24, 2021, each party must submit a confidential settlement conference statement to Magistrate Judge Peterson.(Cannarozzi, N)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BRIAN SPEARS,
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Case No. 2:16-cv-02177-JAM-JDP (PC)
Plaintiff,
v.
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MICHELLE BIANCHI, et al.,
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Defendants.
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 1, 2021 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 jdporders@caed.uscourts.gov, or by mail at U.S. District Court,
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501 I Street, Sacramento, CA 95814, 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. The
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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;
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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; and
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(8) identification of any related cases or of any other cases that the parties might wish to
discuss at this settlement conference.
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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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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 1, 2021,
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at 10:00 a.m.
2. No later than November 24, 2021, each party must submit a confidential settlement
conference statement, as described above, to Magistrate Judge Peterson.
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Dated: November 2, 2021
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