Thurston v. Younger

Filing 66

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/15/2022 SETTING Settlement Conference for 7/12/2022 at 10:30 AM before Magistrate Judge Erica P. Grosjean and ORDERING defendants to provide a confidential settlement statement no later th an 7/5/2022 and if plaintiff does not have access to email, plaintiff shall mail his confidential settlement statement, clearly captioned "Confidential Settlement Conference Statement," Attn: Magistrate Judge Erica P. Grosjean, United States District Court, 2500 Tulare Street, Room 1501, Fresno, CA 93721 so that it arrives no later than 7/5/2022. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDERSON THURSTON,

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Plaintiff,

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v.
R. YOUNGER, et al.,

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No. 2:18-cv-00527 TLN CKD P

ORDER SETTING SETTLEMENT
CONFERENCE AND PROCEDURES

Defendants.

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The Court sets a settlement conference in this case for July 12, 2022, at 10:30 a.m., before

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Magistrate Judge Erica P. Grosjean. The conference will be held remotely by Zoom.
Unless otherwise permitted in advance by the Court, the attorneys who will try the case

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shall appear at the Settlement Conference. It is recommended that pertinent evidence to be

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offered at trial, documents or otherwise, be brought to the settlement conference for presentation

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to the settlement judge. Neither the settlement conference statements nor communications during

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the settlement conference with the settlement judge can be used by either party in the trial of this

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case.

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Absent permission from the Court, in addition to counsel who will try the case being

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present, the individual parties shall also be present. In the case of corporate parties, associations

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or other entities, and insurance carriers, a representative executive with authority to discuss,

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consider, propose and agree, or disagree, to any settlement proposal or offer shall also be present.
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A representative with unlimited authority shall either attend in person or be available by phone

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throughout the conference. In other words, having settlement authority “up to a certain amount”

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is not acceptable.

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IF ANY PARTY BELIEVES THAT A SETTLEMENT CONFERENCE WOULD

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BE FUTILE, THEN THAT PARTY SHALL CONTACT THE COURT NOT LATER

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THAN SEVENTY-TWO HOURS PRECEDING THE SCHEDULED SETTLEMENT

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CONFERENCE.

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Confidential Settlement Statements

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Defendants shall provide a confidential settlement statement no later than July 5, 2022, to

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the following email address: [e-mail]. If plaintiff does not have access to

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email, plaintiff shall mail his confidential settlement statement, clearly captioned “Confidential

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Settlement Conference Statement,” Attn: Magistrate Judge Erica P. Grosjean, United States

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District Court, 2500 Tulare Street, Room 1501, Fresno, CA 93721 so that it arrives no later than

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July 5, 2022. Parties shall also file a Notice of Submission of Confidential Settlement Conference

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Statement which advises the Court and other parties that a Confidential Settlement Conference

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Statement has been submitted to the Court. The Confidential Settlement Conference Statement

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shall not be filed on the docket or served on any other party. Each statement shall be clearly

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marked "confidential" with the date and time of the settlement conference clearly noted on the

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first page. The Confidential Settlement Conference Statement shall include the following:

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

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

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upon which the claims are founded; a forthright evaluation of the parties'

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likelihood of prevailing on the claims and defenses; and a description of the major

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issues in dispute.

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C. A summary of the proceedings to date.

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

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and trial.

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E. The relief sought.

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F. The party's position on settlement, including present demands and offers and a

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history of past settlement discussions, offers and demands.

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IT IS SO ORDERED.

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Dated: February 15, 2022

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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