(PC) Davis v. Hutcheson et al

Filing 29

ORDER signed by Magistrate Judge Jeremy D. Peterson on 1/6/2022 SETTING a Settlement Conference for 4/27/2022 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson and DIRECTING each party to submit a confidential settlement conference statement to Magistrate Judge Peterson. (Coll, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DON ANGELO DAVIS, 12 13 14 15 Plaintiff, v. R. HUTCHESON, Defendants. Case No. 2:20-cv-00077-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 April 18 27, 2022 at 10:00 a.m. Counsel for the defendant(s) is directed to contact the court via 19 ncannarozzi@caed.uscourts.gov, one week prior to the scheduled settlement conference to report 20 on the institution's ability, in light of any COVID 19 restrictions, 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 jdporders@caed.uscourts.gov, 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 (c) whether your party would consider making the opening offer or demand, and what that offer might be1; 24 25 (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; and 26 27 28 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 (8) identification of any related cases or of any other cases that the parties might wish to discuss at this settlement conference. 3 In accordance with the above, it is hereby ORDERED that: 4 1. A settlement conference is set before Magistrate Judge Peterson on April 27, 2022, at 5 6 7 10:00 a.m. 2. No later than April 20, 2022, each party must submit a confidential settlement conference statement, as described above, to Magistrate Judge Peterson. 8 9 10 Dated: January 6, 2022 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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