(PC) Monroe v. Mortell et al

Filing 55

ORDER signed by Magistrate Judge Jeremy D. Peterson on 01/18/23 SETTING the Settlement Conference to 3/2/2023 at 09:30 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson and ORDERING each party to submit a confidential settlement conference statement, to Magistrate Judge Peterson no later than 02/23/23.(Licea Chavez, V)

Download PDF
Case 2:19-cv-02218-WBS-DMC Document 55 Filed 01/18/23 Page 1 of 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM ERIK MONROE, 12 Plaintiff, 13 v. 14 G. MORTELL, 15 Defendants. Case No. 2:19-cv-02218-WBS-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 March 2, 2023 at 9:30 a.m. Counsel for the defendant(s) is directed to contact Courtroom Deputy 19 Nic Cannarozzi via email at ncannarozzi@caed.uscourts.gov one week prior to the scheduled 20 settlement conference to report on the institution’s ability to produce the inmate for a remote 21 appearance. The court expects that the parties will proceed with the settlement conference in 22 good faith and attempt to resolve all or part of the case. If any party believes that the settlement 23 conference will not be productive, that party shall so inform the court as far in advance of the 24 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 jdporders@caed.uscourts.gov, or by mail at U.S. District Court, 1 Case 2:19-cv-02218-WBS-DMC Document 55 Filed 01/18/23 Page 2 of 3 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 Case 2:19-cv-02218-WBS-DMC Document 55 Filed 01/18/23 Page 3 of 3 1 2 3 4 5 (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. (11) Judge Peterson or another representative from the court will be contacting the parties 6 either by telephone or in person, approximately two weeks prior to the settlement conference, to 7 ascertain each party’s expectations of the settlement conference. 8 In accordance with the above, it is hereby ORDERED that: 9 1. A settlement conference is set before Magistrate Judge Peterson on March 2, 2023, at 10 11 12 9:30 a.m. 2. No later than February 23, 2023, each party must submit a confidential settlement conference statement, as described above, to Magistrate Judge Peterson. 13 14 15 Dated: January 18, 2023 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?