Houston v. Baker

Filing 84

ORDER signed by Magistrate Judge Jeremy D. Peterson on 2/1/2021 ORDERING Case set for Settlement Conference on 4/15/2021 at 10:00 AM before Magistrate Judge Jennifer L. Thurston; ORDERING at least 21 days before the settlement conference, Plaintiff to submit to Defendant via fax or e-mail, a written itemization of damages and a meaningful settlement demand; ORDERING thereafter, no later than 14 days before the settlement conference, Defendant to respond via fox or e-mail, with an acceptance of the offer or with a meaningful counteroffer, which includes a brief explanation of why such a settlement is appropriate; and ORDERING if settlement is not achieved, at least 5 court days before the settlement conference, parties to submit directly to Chambers a Confidential Settlement Statement. (cc: JLT) (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM HOUSTON,

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Case No. 2:18-cv-01271-KJM-JDP (PC)

Plaintiff,

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v.

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BAKER,

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ORDER SETTING SETTLEMENT
CONFERENCE
Defendant.

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Plaintiff is an inmate proceeding with counsel in this civil rights action brought under 42

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

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

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

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

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necessary transportation order in due course.

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

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

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

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

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

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

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

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

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that requires preparation prior to the settlement conference.

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3. At least 21 days before the settlement conference, Plaintiff SHALL submit to

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

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

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

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

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

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

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

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inform the courtroom deputy of Magistrate Judge Thurston.

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

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

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

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

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

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

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

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

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

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prominently thereon.

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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.
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“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.

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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 upon

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

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

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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, 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
history of past settlement discussions, offers, and demands.

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IT IS SO ORDERED.

Dated:

February 1, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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