(PC) James v. Gonzalez et al

Filing 16

ORDER signed by Magistrate Judge Jeremy D. Peterson on 11/09/23 SETTING a Settlement Conference for 1/16/2024 at 10:00 AM in Courtroom 9 (JDP) before Magistrate Judge Jeremy D. Peterson with confidential settlement conference statements due 01/09/24 (cc: JDP). (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAMU JAMES,

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Case No. 2:23-cv-00188-CKD (PC)
Plaintiff,

v.
D. GONZALEZ, et al.,
Defendants.

ORDER (1) SETTING SETTLEMENT
CONFERENCE, (2) REQUIRING PERSONAL
ATTENDANCE BY CERTAIN
INDIVIDUALS, AND (3) REQUIRING
SETTLEMENT CONFERENCE
STATEMENT MEETING CERTAIN
PARAMETERS

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

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January 16, 2024 at 10:00 a.m. Counsel for the defendant(s) is directed to contact Courtroom

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

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

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

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

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

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

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

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

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The parties shall make an attempt to informally meet and confer to resolve the matter prior
to the scheduled settlement conference.
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No later than one week prior to the settlement conference, each party must submit to

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Judge Peterson’s chambers at [e-mail], or by mail at U.S. District Court,

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501 I Street, Suite 4-200, Sacramento, CA 95814, a confidential settlement conference statement.

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

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

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conference. The statements should not be lengthy but should include:

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(1) a brief recitation of the facts;

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

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

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matters, in specific dollar terms;

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

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

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

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

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

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(6) a history of settlement discussions, including:

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

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

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terms);

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(c) whether your party would consider making the opening offer or demand, and
what that offer might be1;

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

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(8) plaintiff’s anticipated release date;

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(9) an estimate of restitution and fees, including court fees and filing fees, owed by

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plaintiff; and
(10) identification of any related cases, any prior settlements involving the plaintiff, or any
other cases that the parties might wish to discuss at this settlement conference.

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

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1. A settlement conference is set before Magistrate Judge Peterson on January 16, 2024,

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at 10:00 a.m.
2. No later than January 9, 2024, each party must submit a confidential settlement
conference statement, as described above, to Magistrate Judge Peterson.

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Dated: November 9, 2023

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