Houston v. Eldridge et al

Filing 145

ORDER signed by Magistrate Judge Kendall J. Newman on 2/8/2021 SETTING this case for a Settlement Conference on 4/15/2021 at 10:00 AM before Magistrate Judge Jennifer L. Thurston. At least 21 days before settlement conference, plaintiff shall su bmit to defendant via fax or email, a written itemization of damages and settlement demand. Thereafter, no later than 14 days before settlement conference, defendant shall respond via fax or email. If settlement is achieved, defense counsel is to i mmediately inform the courtroom deputy of Magistrate Judge Thurston. At least five court days before the settlement conference, the parties shall submit a confidential settlement conference statement in accordance with this order. (cc: JLT, ADR)(Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WILLIAM HOUSTON,

12
13
14
15

No. 2:16-cv-2561 WBS KJN P

Plaintiff,
v.

ORDER SETTING SETTLEMENT
CONFERENCE

L. ELDRIDGE, et al.,
Defendants.

16
17

Plaintiff is a state prisoner, proceeding through counsel, with a civil rights action pursuant

18

to 42 U.S.C. § 1983. The Court has determined that this case will benefit from a settlement

19

conference. Therefore, this case will be referred to Magistrate Judge Jennifer L. Thurston to

20

conduct a settlement conference on April 15, 2021, at 10:00 a.m. The settlement conference will

21

be conducted by remote means, to be determined at a later date and time. The court will issue the

22

necessary transportation order in due course.

23

In accordance with the above, IT IS HEREBY ORDERED that:

24

1. This case is set for a settlement conference before Magistrate Judge Jennifer L.

25

Thurston on April 15, 2021, at 10:00 a.m. The settlement conference will be

26

conducted by remote means, to be determined at a later date and time.

27
28

2. Unless otherwise permitted in advance by the Court, the attorneys who will try the
1

1

case shall appear at the settlement conference with the parties and the person or

2

persons having full authority to negotiate and settle the case on any reasonable

3

terms1 discussed at the conference. Consideration of settlement is a serious matter

4

that requires preparation prior to the settlement conference.
3. At least 21 days before the settlement conference, Plaintiff SHALL submit to

5
6

Defendant via fax or e-mail, a written itemization of damages and a meaningful2

7

settlement demand which includes a brief explanation of why such a settlement is

8

appropriate. Thereafter, no later than 14 days before the settlement conference,

9

Defendant SHALL respond via fax or e-mail, with an acceptance of the offer or with a

10

meaningful counteroffer, which includes a brief explanation of why such a settlement

11

is appropriate. The parties SHALL continue to exchange counteroffers until it is

12

no longer productive. If settlement is achieved, defense counsel is to immediately

13

inform the courtroom deputy of Magistrate Judge Thurston.

14

4. If settlement is not achieved, each party SHALL attach copies of their settlement

15

offers to their Confidential Settlement Conference Statement, as described below.

16

Copies of these documents shall not be filed on the court docket. At lease five court

17

days before the settlement conference, the parties shall submit, directly to Judge

18

Thurston’s chambers by e-mail to [e-mail], a Confidential

19

Settlement Conference Statement. The statement should not be filed with the Clerk

20

of the Court nor served on any other party, although the parties may file a Notice of

21

Lodging of Settlement Conference Statement. Each statement shall be clearly marked

22

“confidential” with the date and time of the settlement conference indicated

23
24
25
26
27
28

1

Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements are
subject to approval by legislative bodies, executive committees, boards of directors or the like may be represented by
a person whose recommendations about settlement are relied upon by the ultimate decision makers.
“Meaningful” means the offer is reasonably calculated to settle the case on terms acceptable to the offering party.
“Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party. If,
however, the offering party is only willing to offer a settlement which it knows the other party will not accept, this
should trigger a recognition the case is not in a settlement posture and the parties should confer about continuing the
settlement conference via stipulation.
2

2

1

prominently thereon.

2

The Confidential Settlement Conference Statement shall include the following:

3

a. A brief statement of the facts of the case.

4

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

5

which the claims are founded; a forthright evaluation of the parties’ likelihood of

6

prevailing on the claims and defenses; and a description of the major issues in

7

dispute.

8

c. A summary of the proceedings to date.

9

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

10

trial.

11

e. The relief sought.

12

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

13
14

history of past settlement discussions, offers, and demands.
Dated: February 8, 2021

15
16
17
18
19
20
Hous2561.med
21
22
23
24
25
26
27
28

3