(PC) Vallery v. Degallegos, et al

Filing 41

ORDER signed by Magistrate Judge Jeremy D. Peterson on 8/1/2022 re 40 Order. A settlement conference is set before Magistrate Judge Peterson on 10/13/2022,at 9:30 a.m. No later than 10/6/2022, each party must submit a confidential settlement conference statement to Magistrate Judge Peterson. (Perdue, C.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RAYNARD VALLERY,

12
13
14
15

Plaintiff,
v.
DEGALLEGOS, et al.,
Defendants.

Case No. 2:19-cv-01813-KJM-DMC (PC)
ORDER (1) SETTING SETTLEMENT
CONFERENCE, (2) REQUIRING PERSONAL
ATTENDANCE BY CERTAIN
INDIVIDUALS, AND (3) REQUIRING
SETTLEMENT CONFERENCE
STATEMENT MEETING CERTAIN
PARAMETERS

16
17

Magistrate Judge Jeremy D. Peterson will hold a settlement conference by Zoom on

18

October 13, 2022 at 9:30 a.m. Counsel for the defendant(s) is directed to contact Courtroom

19

Deputy Nic Cannarozzi via email at [e-mail] one week prior to the

20

scheduled settlement conference to report on the institution’s ability to produce the inmate for a

21

remote appearance. The court expects that the parties will proceed with the settlement conference

22

in good faith and attempt to resolve all or part of the case. If any party believes that the

23

settlement conference will not be productive, that party shall so inform the court as far in advance

24

of the settlement conference as possible. Unless otherwise permitted in advance by the court, the

25

following individuals must attend the settlement conference: (1) all of the attorney(s) who will try

26

the case; and (2) individuals with full authority to negotiate and settle the case, on any terms.

27
28

No later than one week prior to the settlement conference, each party must submit to
Judge Peterson’s chambers at [e-mail], or by mail at U.S. District Court,
1

1

501 I Street, Sacramento, CA 95814, a confidential settlement conference statement. These

2

statements should neither be filed on the docket nor served on any other party. The statements

3

should be marked “CONFIDENTIAL” and should state the date and time of the conference. The

4

statements should not be lengthy but should include:

5

(1) a brief recitation of the facts;

6

(2) a discussion of the strengths and weaknesses of the case;

7

(3) an itemized estimate of the expected costs for further discovery, pretrial, and trial

8

matters, in specific dollar terms;

9
10

(4) your best estimate of the probability that plaintiff will obtain a finding of liability
should this case proceed to trial, in percentage terms;

11
12

(5) should this case proceed to trial and defendant be found liable, please provide the
following, in specific dollar terms:

13
14

(a) a realistic high-end recovery estimate (i.e., realistic best- or worst-case
scenario);

15
16

(b) a realistic low-end recovery estimate (i.e., realistic worst- or best-case
scenario); and

17

(c) a best estimate of the most likely outcome;

18

(6) a history of settlement discussions, including:

19

(a) a statement of your expectations for settlement discussions;

20

(b) a listing of any past and present settlement offers from any party (including all

21

terms);

22
23
24
25
26
27
28

(c) whether your party would consider making the opening offer or demand, and
what that offer might be1;
(7) a list of the individuals who will be participating in the settlement conference on your
party’s behalf, including each participant’s name and, if appropriate, title;
(8) plaintiff’s anticipated release date;
1

Please note that Judge Peterson will consider this response, among others, in evaluating
whether proceeding with a settlement conference appears worthwhile.
2

1
2
3
4

(9) an estimate of restitution and fees, including court fees and filing fees, owed by
plaintiff; and
(10) identification of any related cases or of any other cases that the parties might wish to
discuss at this settlement conference.

5

In accordance with the above, it is hereby ORDERED that:

6

1. A settlement conference is set before Magistrate Judge Peterson on October 13, 2022,

7
8
9

at 9:30 a.m.
2. No later than October 6, 2022, each party must submit a confidential settlement
conference statement, as described above, to Magistrate Judge Peterson.

10
11
12

Dated: August 1, 2022

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3