Vargas et al v. Capstone Logistics LLC

Filing 37

ORDER signed by Magistrate Judge Allison Claire on 03/06/25 SETTING a Settlement Conference for 06/03/25 at 9:00 a.m. via Zoom before Magistrate Judge Allison Claire; Pre-settlement Conference SET for 5/27/2025 at 11:00 AM via Zoom before Magistrate Judge Allison Claire; and confidential settlement conference statements are due 05/20/25. (Deputy Clerk AJB)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTONIA VARGAS, et al.,

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Plaintiffs,

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v.

No. 2:24-cv-0712 KJM JDP

ORDER

CAPESTONE LOGISTICS LLC,
Defendant.

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Magistrate Judge Allison Claire will hold a settlement conference in this case on June 3,

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2025, at 9:00 a.m. The settlement conference will be held via Zoom unless the parties request

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that the conference be conducted in person; login details will be provided prior to the date of the

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

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

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

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settlement conference as possible. Unless otherwise specifically authorized by the court in

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

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conference: (1) all of the attorney(s) who will try the case; (2) the parties; and (3) individuals with

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full authority to negotiate and settle the case, on any terms.

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No later than May 20, 2025, each party must submit to Judge Claire’s chambers at

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[e-mail] a confidential settlement conference statement. These statements
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should not be filed on the docket; however, each party shall e-file a one-page document entitled

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

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

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While brevity is appreciated, each statement must 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, from your party’s

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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:

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

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scenario)

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

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

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what that offer might be;

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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;
(8) identification of any related cases or of any other cases that the parties might wish to
discuss at this settlement conference; and
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(9) a completed worksheet (blank version attached) highlighting your responses to certain
of the above questions.

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Judge Claire will hold a short, pre-settlement conference via Zoom on May 27, 2025 at

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11:00 a.m. Only the lead attorney from each side1 should participate. At Judge Claire’s

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

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each party. Zoom login information will be provided in advance of May 27, 2025.

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

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1. A pre-settlement conference is set before Magistrate Judge Claire on May 27, 2025 at

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11:00 a.m.

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2. A settlement conference is set before Magistrate Judge Claire on June 3, 2025 at 9:00
a.m.

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3. No later than May 20, 2025, each party must submit a confidential settlement

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

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DATED: March 6, 2025

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

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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

$
$
$
%
$
$
$
$
$
$

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