Santoyo v. Rich Products Corp.

Filing 21

ORDER signed by Magistrate Judge Allison Claire on 9/23/2024 SETTING a Pre-Settlement Conference for 11/12/2024 at 10:00 AM via Zoom before Magistrate Judge Allison Claire, a Settlement Conference for 11/21/24 at 9:00 AM via zoom before Magistrate Judge Allison Claire, and DIRECTING each party to submit a confidential settlement conference statement by 11/7/24. (cc AC) (Woodson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAURA SANTOYO,

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No. 2:24-cv-01856 JDP

Plaintiff,
v.

ORDER

RICH PRODUCT CORPORATION, a
California Corporation,
Defendant.

Magistrate Judge Allison Claire will hold a settlement conference in this case on
November 21, 2024, at 9:00 a.m. The settlement conference will be held via Zoom unless the
parties request that the conference be conducted in person; login details will be provided prior to
the date of the conference. The court expects that the parties will proceed with the settlement
conference in good faith and attempt to resolve all or part of the case. If any party believes that
the settlement conference will not be productive, that party shall so inform the court as far in
advance of the settlement conference as possible. Unless otherwise specifically authorized by the
court in advance of the settlement conference, the following individuals must participate in the
settlement conference: (1) all of the attorney(s) who will try the case; (2) the parties; and
(3) individuals with full authority to negotiate and settle the case, on any terms.
No later than November 7, 2024, 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
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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 November 12, 2024

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

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Claire’s discretion, the joint discussion may be followed by private discussions between the judge

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and each party. Zoom login information will be provided in advance of November 12, 2024.

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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 November 12,

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2024 at 10:00 a.m.

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2. A settlement conference is set before Magistrate Judge Claire on November 21, 2024,
at 9:00 a.m.

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3. No later than November 7, 2024, 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: September 23, 2024

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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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