Covert v. Amazon.com Services LLC et al

Filing 17

ORDER signed by District Judge Daniel J. Calabretta on 11/22/2024 STAYING action; VACATING all previously set deadlines and hearings; any initial disclosures due within 14 days; DIRECTING parties to meet and confer re settlement; if parties have not been able to informally reach a settlement within 45 days, they shall then initiate participation in the court's Voluntary Dispute Resolution Program ("VDRP") by contacting the VDRP administrator and file a notice on the court's docket stating such. Parties shall jointly file their VDRP Completion Report within 14 days after the completion of the VDRP session (cc: VDRP). (Lopez, K)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LANCE COVERT, 11 Plaintiff, 12 v. 13 Case No.: 2:24-cv-02760-DJC-SCR ORDER AMAZON.COM SERVICES LLC, ET AL., 14 Defendants. 15 16 On August 29, 2024, Defendant Amazon.com Services LLC removed this 17 personal injury action to the United States District Court, Eastern District of California 18 under 28 U.S.C. §§ 1332, 1441, and 1446. ECF No. 1. Defendant previously filed an 19 answer to the complaint in Superior Court. Id. In the interest of avoiding the accumulation of fees and costs through 20 21 potentially unnecessary discovery and motion practice, and to allow the parties 22 sufficient time to pursue an early informal resolution of this matter, IT IS HEREBY 23 ORDERED that: 24 1. 25 2. 26 of the court. 27 3. 28 This action is STAYED for except as set forth herein. All previously set deadlines and hearings are VACATED pending further order If parties have not already made all initial disclosures required by Fed. R. Civ. P. 26(a)(1), they must do so within fourteen (14) days of this order. 1 1 4. The parties are DIRECTED to promptly meet and confer to discuss 2 settlement of this action. Settlement discussions require focus and preparation and 3 should involve the attorneys who will try the case and the person or persons having 4 full authority to negotiate and settle the case on any terms. Plaintiff should initiate 5 settlement discussions by providing a written itemization of damages and a 6 meaningful settlement demand that includes an explanation of why the demand is 7 appropriate. Defendant should respond with an acceptance of the offer or with a 8 meaningful counteroffer, and which includes an explanation of why the counteroffer is 9 reasonable. The parties should continue in this way until they reach settlement or 10 have exhausted informal settlement efforts. 11 3. If the parties have not been able to informally reach a settlement within 12 forty-five (45) days, the parties shall thereafter initiate participation in the court’s 13 Voluntary Dispute Resolution Program (“VDRP”) by contacting the court’s VDRP 14 administrator, Sujean Park, at (916) 930-4278 or SPark@caed.uscourts.gov, and file a 15 notice on the court’s docket stating they have contacted the VDRP administrator.1 16 17 4. The parties shall carefully review and comply with E.D. Cal. L.R. 271, which outlines the specifications and requirements of the VDRP. 18 5. No later than fourteen (14) days after completion of the VDRP session, 19 the parties shall jointly file their VDRP Completion Report, consistent with E.D. Cal. L.R. 20 271(o). 21 IT IS SO ORDERED. 22 23 Dated: November 22, 2024 24 25 26 27 28 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA UNITED STATES DISTRICT JUDGE ________________________ 1 The parties are expected to make good faith efforts to timely and fully exhaust informal settlement efforts prior to initiating participation in the VDRP. The court will look with disfavor upon parties stalling or failing to participate in the above-mentioned initial informal discussions, and/or failing to participate in the VDRP program in good faith. 2

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