Dirkzwager v. Costco Wholesale Corp.

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 06/04/2024 CONFIRMING the date and time for the Settlement Conference and SUPERSEDES the previously-issued Minute Order as follows: A Pre-Settlement Conference is set before Magistrate Judge Claire on 09/23/2024 at 10:00 a.m. VIA Zoom; Settlement conference set before Magistrate Judge Claire on 10/01/2024, at9:00 a.m. is hereby CONFIRMED; and Each party must submit a confidential settlement conference statement to Magistrate Judge Claire no later than 09/17/2024. (cc AC) (Lopez, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MARIAN DIRKZWAGER,

12

Plaintiff,

13
14
15

v.

No. 2:22-cv-02215 TLN CKD

ORDER

COSTCO WHOLESALE
CORPORATION,
Defendant.

16
17
18

A settlement conference has previously been set before Magistrate Judge Allison Claire

19

for October 1, 2024, at 9:00 a.m. ECF No. 13. This order CONFIRMS the date and time for the

20

settlement conference and SUPERSEDES the previously-issued minute order as to the matters

21

addressed herein.

22

The court expects that the parties will proceed with the settlement conference in good

23

faith and attempt to resolve all or part of the case. Unless otherwise specifically authorized by the

24

court in advance of the settlement conference, the following individuals must participate in the

25

settlement conference: (1) all of the attorney(s) who will try the case; (2) the parties; and

26

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

27
28

No later than September 17, 2024, each party must submit to Judge Claire’s chambers at
[e-mail] a confidential settlement conference statement. These statements
1

1

should not be filed on the docket; however, each party shall e-file a one-page document entitled

2

Notice of Submission of Confidential Settlement Conference Statement. The statements should

3

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

4

While brevity is appreciated, each statement must include:

5

(1) a brief recitation of the facts;

6

(2) a discussion of the strengths and weaknesses of the case, from your party’s

7
8
9
10
11
12
13

perspective;
(3) an itemized estimate of your party’s expected costs for further discovery, pretrial, and
trial matters, in specific dollar terms;
(4) your best estimate of the probability that plaintiff will obtain a finding of liability
should this case proceed to trial, in percentage terms;
(5) should this case proceed to trial and defendant be found liable, please provide the
following, in specific dollar terms:

14

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

15

scenario)

16

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

17
18
19

scenario), and
(c) a best estimate of the most likely outcome;
(6) a history of settlement discussions, including:

20

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

21

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

22

terms);

23

(c) whether your party would consider making the opening offer or demand, and

24

what that offer might be;

25
26
27
28

(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) identification of any related cases or of any other cases that the parties might wish to
discuss at this settlement conference; and
2

1
2

(9) a completed worksheet (blank version attached) highlighting your responses to certain
of the above questions.

3

Judge Claire will hold a short, pre-settlement conference via Zoom on September 23, 2024

4

at 10:00 a.m. Only the lead attorney from each side1 should participate. At Judge Claire’s

5

discretion, the joint discussion may be followed by private discussions between the judge and

6

each party. Zoom login information will be provided in advance of September 23, 2024.

7

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

8

1. A pre-settlement conference is set before Magistrate Judge Claire on September 23,

9

2024 at 10:00 a.m.

10
11

2. The settlement conference set before Magistrate Judge Claire on October 1, 2024, at
9:00 a.m. is hereby CONFIRMED.

12

3. No later than September 17, 2024, each party must submit a confidential settlement

13

conference statement, as described above, to Magistrate Judge Claire.

14

DATED: June 4, 2024

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

1

The court expects that the attorneys participating in the pre-settlement conference discussion
will also participate in the settlement conference.
3

1
2

Pre-Settlement Worksheet

3
4
5
6
7
8
9
10
11
12
13
14
15
16

Please fill in each value below
Additional cost to your party expected
for . . . discovery
. . . pretrial
. . . trial
Estimated probability of liability
finding
Realistic high-end estimate of recovery
by P
Realistic low-end estimate of recovery
by P
Best estimate of recovery by P
Last offer/demand (if any) previously
made by your party
Last offer/demand (if any) previously
made by opposing party
Proposed next offer/demand by your
party

$
$
$
%
$
$
$
$
$
$

17
18
19
20
21
22
23
24
25
26
27
28
1