Banga v. Ameriprise Auto & Home Insurance Agency

Filing 20

ORDER signed by Magistrate Judge Allison Claire on 11/14/2018 STAYING case pending further order of the court. The parties are directed to promptly meet and confer to discuss settlement of this action. If the parties have not been able to informal ly reach a settlement within 45 days, the parties shall initiate participation in the court's VDRP by contacting the court's VDRP administrator, Sujean Park. No later than fourteen (14) days after completion of the VDRP session, the parties shall jointly file their VDRP Completion Report. CASE STAYED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAMLESH BANGA,

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No. 18-cv-01072 MCE AC

Plaintiff,
v.

ORDER

AMERPRISE AUTO & HOME
INSURANCE COMPANY, IDS
PROPERTY CAUSALITY INSURANCE
COMPANY AND DOES 1 through 10
inclusive,
Defendants.

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This case is before the undersigned pursuant to Local Rule 302(c)(21). On November 14,

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2018, this case came before the undersigned for a status (pretrial) conference. Plaintiff Kamlesh

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Banga (“plaintiff”) appeared telephonically in pro se, and Jennifer N. Wahlgreen appeared

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telephonically on behalf of defendants Ameriprise Auto & Home Insurance Company and IDS

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Property Causality Insurance Company (“defendants”).

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In their status conference statements and at the status conference, the parties requested to

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participate in mediation through the court’s Voluntary Dispute Resolution Program (“VDRP”).

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Accordingly, in the interest of avoiding the accumulation of fees and costs through potentially

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unnecessary discovery and motion practice, and to allow the parties sufficient time to pursue an

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early informal resolution of this matter, IT IS HEREBY ORDERED that:

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1. This action is STAYED pending further order of the court.
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2. The parties are directed to promptly meet and confer to discuss settlement of this

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action. Settlement discussions require focus and preparation and should involve the

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attorneys who will try the case and the person or persons having full authority to

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negotiate and settle the case on any terms. Plaintiff should initiate settlement

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discussions by providing a written itemization of damages and a meaningful

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settlement demand that includes an explanation of why the demand is appropriate.

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Defendant should respond with an acceptance of the offer or with a meaningful

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counteroffer, and which includes an explanation of why the counteroffer is reasonable.

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The parties should continue in this way until they reach settlement or have exhausted

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informal settlement efforts.

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3. If the parties have not been able to informally reach a settlement within 45 days, the

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parties shall initiate participation in the court’s Voluntary Dispute Resolution Program

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(“VDRP”) by contacting the court’s VDRP administrator, Sujean Park, at (916) 930-

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4278 or [e-mail].1

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4. The parties shall carefully review and comply with Local Rule 271, which outlines the

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specifications and requirements of the VDRP.

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5. No later than fourteen (14) days after completion of the VDRP session, the parties

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shall jointly file their VDRP Completion Report, consistent with Local Rule 271(o).

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6. If VDRP fails, the court will promptly issue a scheduling order without a status

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(pretrial) conference.

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IT IS SO ORDERED.
DATED: November 14, 2018

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The resources of the VDRP program are limited, and the parties are expected to make good
faith efforts to timely and fully exhaust informal settlement efforts prior to initiating participation
in the VDRP. The court will look with disfavor upon parties stalling or failing to participate in
the above-mentioned initial informal discussions, prompting potentially unnecessary participation
in the VDRP and straining the program’s resources.
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