Stacker et al v. California Department of Corrections and Rehabilitation et al

Filing 112

ORDER RE SETTLEMENT CONFERENCE signed by Magistrate Judge Suzanne H. Segal on 6/7/2019 SETTING Settlement Conference for Tuesday, 7/9/2019, at 01:30 PM, in Courtroom 590, 5th Floor, 255 E. Temple Street, Los Angeles, California 90012. In additi on, the Court ORDERS that the following occur prior to the settlement conference: 10 business days prior to the date of the conference, Plaintiff(s) must serve a detailed written demand on Defendant(s); 8 business days prior to the date of the conference, Defendant(s) must serve a detailed written counter offer to Plaintiff(s); 6 business days prior to the date of the conference, Plaintiff(s) must serve a written Reply to the Counter Offer; No later than 5 court days prior to the conference, each party shall submit a Settlement Conference Statement directly to Judge Segal via email only. The parties shall serve the Statements on all relevant parties in the action on the same date. The Statements should not be filed with the Clerk of the Court and they will not be made part of the case file. The Statements shall be double-spaced and shall not exceed 10 pages in length. (See Order for more details.) (cc: CRD) (York, M)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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VALERIE J. STACKER,

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Case No. 2:16-cv-2913-GHW

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v.

Referred for settlement
proceedings to Magistrate Judge
Suzanne H. Segal

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CDCR, et al.,

ORDER RE SETTLEMENT CONFERENCE

Plaintiff(s),

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Defendant(s).

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DATE:
TIME:
PLACE:

July 9, 2019
1:30 p.m.
COURTROOM 590

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PLEASE READ THIS ORDER CAREFULLY

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This case has been referred to Magistrate Judge Suzanne H.

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Segal for settlement proceedings.

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The Settlement Conference is placed on calendar for Tuesday,

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July 9, 2019 at 1:30 p.m., Courtroom 590, Fifth Floor, 255 E.

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Temple Street, Los Angeles, California 90012. 1

The Magistrate

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The Court recommends that you park in a lot near the courthouse
that remains open late. For example, Joe’s Auto Parks on Aliso
south of Alameda is open 24 hours a day.

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Judge will not be involved in the actual trial of the case and will

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assist the parties in an objective appraisal and evaluation of the

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case.

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The following are guidelines for the parties in preparing for
the Settlement Conference.

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1.

Pursuant

to

Local

Rule

16-15.8,

all

settlement

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proceedings shall be confidential and no statement made therein

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shall be admissible in any proceeding in the case, unless the

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parties otherwise agree.

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2.

Counsel who will try the case must be present.

In

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addition, a person with full settlement authority should likewise

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be present for the conference.

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physical presence of your client or, if a corporate or governmental

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entity, of an authorized and knowledgeable representative of your

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client.

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settlement authority.

This requirement contemplates the

Each party shall have a representative present with full
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The purpose of this requirement is to have representatives

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present who can settle the case during the course of the conference

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without consulting a superior.

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This rule does not apply to cases involving pro se plaintiffs.
However, Defendant must have a representative present with
appropriate authority to settle the case.
The Court notes that
counsel for Defendant indicated that the CDCR representative would
not be present for the conference but would appear by telephone.
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Either at a telephonic conference prior to the date of the

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settlement conference (which will only take place if the Court

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requests such a telephonic conference) or at the beginning of the

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settlement conference, the Court will ask each counsel to identify

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who will appear on behalf of the party.

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located outside the Central District of California, the client will

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be expected to appear in person.

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settlement conference may be raised at the telephonic conference.

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Any relief from the requirement of a party’s presence may only be

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granted by the Court, following a motion or ex parte application

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from the party seeking relief. 3

Even if your client is

Any other issues relevant to the

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3.

If Board approval is required to authorize settlement,

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the attendance of at least one sitting and knowledgeable member of

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the Board (preferably the Chairman) is required.

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4.

Any insurance company that is contractually required to

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defend or to pay damages assessed within policy limits also should

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have a settlement representative present.

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be responsible for timely advising any involved non-party insurance

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company of the requirements of this Order.

Counsel of record will

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The provisions of Local Rule 16-15.5(b) are inapplicable to this
Order.
Parties may only appear by telephone with prior approval
of the Court. Only the United States, its agencies or employees
are entitled to rely upon Local Rule 16-15.5(b).
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In addition, the Court ORDERS that the following occur prior

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to the settlement conference (in the event these deadlines have

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passed, then parties are directed to expeditiously serve the offers

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and counteroffers described below):

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Ten (10) business days prior to the date of the conference,

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Plaintiff(s) must serve a detailed written demand on Defendant(s);

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Eight (8) business days prior to the date of the conference,

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Defendant(s)

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Plaintiff(s).

must

serve

a

detailed

written

counter

offer

to

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Six (6) business days prior to the date of the conference,

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Plaintiff(s) must serve a written Reply to the Counter Offer.

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parties should either include these exchanges in their settlement

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statements or advise the Courtroom Deputy of these exchanges by

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email.

The

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5.

No

later

than

party

five
shall

(5)

court

Settlement

to

the

conference,

each

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Statement

directly

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[e-mail].

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Judge Segal other than the electronic version served

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The parties shall serve the Statements on all relevant parties in

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the action on the same date.

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with the Clerk of the Court and they will not be made part of the

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case file.

Judge

a

prior

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to

submit

days

Segal

via

Conference
email

to

No courtesy copy is necessary for
via email.

The Statements should not be filed

The Statements shall be double-spaced and shall not
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exceed ten (10) pages in length.
The

parties’ respective Settlement Conference Statements

shall include the following:

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A.

A brief statement of the facts of the case, including

the party’s claims and defenses.
B.

An ITEMIZED STATEMENT OF THE DAMAGES claimed, and of any

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other relief sought.

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the party’s statement.

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C.

This is one of the most critical aspects of

A summary of the proceedings to date, including any case

management dates/deadlines already set by the District Judge.
D.

A history of past settlement discussions, offers and

demands, INCLUDING THE DEMANDS/OFFERS DESCRIBED IN PARAGRAPH 8.

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6.

Each party shall also prepare a Confidential Addendum to

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Settlement Conference Statement, which shall be delivered directly

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to Judge Segal only (again via email only, no courtesy copy

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required), along with the Settlement Conference Statement. The

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Confidential Addendum shall not be filed with the Court or served

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upon the other parties.

The Confidential Addendum shall contain:

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A.

A forthright evaluation of the party’s likelihood of

prevailing on each of its claims and/or defenses.
B.

The approximate amount of attorney’s fees, time and costs

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expended to date, and an estimate of the fees, time and costs to

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be expended for (i) further discovery, (ii) pretrial and (iii)

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trial.

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B.
be

The party’s evaluation of the terms on which the case

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could

settled

fairly,

taking

into

account

the

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litigation

position and settlement position of the other side.

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7.

In

the

event

both

parties

agree

that

a

settlement

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conference at this point in the litigation would not be meaningful,

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after the above described steps are completed, the parties are

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instructed to telephone Judge Segal’s courtroom deputy clerk at

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[phone] and inform her of this information.

The Court will

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then hold the settlement conference telephonically and will notify

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the parties of the date of the telephonic conference.

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8.

Counsel should have available for the Court’s review

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copies of all critical documents (i.e., pleadings, declarations or

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witness statements, business records, personnel files, etc.), as

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well as copies of all important witnesses’ deposition transcripts,

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if a party believes such documents will assist in the evaluation

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of the case.

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the recoupment or recovery of attorney’s fees and/or costs, then

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its

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substantiating both the time expended and the expenses incurred.

counsel

If a party’s settlement position is predicated on

should

have

available

copies

of

billing

records

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The Court expresses its appreciation to counsel for their

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cooperation with these procedures and looks forward to a productive

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settlement conference.

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DATED: June 7, 2019
/S/
__________
SUZANNE H. SEGAL
UNITED STATES MAGISTRATE JUDGE

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