Hoffman v. Transform Sears Home Services, LLC
Filing
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ORDER signed by Magistrate Judge Sean C. Riordan on 1/24/2025 SETTING a Pre-Settlement conference for 2/20/2025 at 11:30 AM via Zoom before Magistrate Judge Sean C. Riordan. Settlement Conference set for 2/25/2025 at 10:00 AM via zoom before Magistrate Judge Sean C. Riordan. A confidential settlement conference statement due by 2/18/2025. (Deputy Clerk VLK)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANTHONY USSERY, et al.,
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Plaintiffs,
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v.
No. 2:23-cv-0952 DAD SCR
ORDER
MERCEDES-BENZ USA LLC,
Defendant.
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Magistrate Judge Sean C. Rirodan will hold a settlement conference in this case on
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February 25, 2025, at 10:00 a.m. The settlement conference will be held via Zoom unless the
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parties request that the conference be conducted in person; login details will be provided prior to
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the date of the conference. The court expects that the parties will proceed with the settlement
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conference in good faith and attempt to resolve all or part of the case. If any party believes that
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the settlement conference will not be productive, that party shall so inform the court as far in
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advance of the settlement conference as possible. Unless otherwise specifically authorized by the
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court in advance of the settlement conference, the following individuals must participate in the
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settlement conference: (1) all of the attorney(s) who will try the case; (2) the parties; and
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(3) individuals with full authority to negotiate and settle the case, on any terms.
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No later than February 18, 2025, each party must submit to Judge Rirodan’s chambers at
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scrorders@caed.uscourts.gov 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 Riordan will hold a short, pre-settlement conference via Zoom on February 20,
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2025 at 11:30 a.m. Only the lead attorney from each side1 should participate. At Judge Riordan’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 February 20, 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 Riordan on February 20,
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2025 at 11:30 a.m.
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2. A settlement conference is set before Magistrate Judge Riordan on February 25, 2025,
at 10:00 a.m.
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3. No later than February 18, 2025, each party must submit a confidential settlement
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conference statement, as described above, to Magistrate Judge Riordan.
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DATED: January 24, 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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