Freeman v. Barnhart et al

Filing 128

ORDER re 127 Order Referring Case to Magistrate Judge for Settlement Settlement Conference set for 11/18/2008 10:00 AM.. Signed by HON. MARIA-ELENA JAMES on 10/31/08. (bjt, COURT STAFF) (Filed on 10/31/2008)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA KIMBERLY FREEMAN, Plaintiff(s), No. C-00-4900 JSW (MEJ) NOTICE AND ORDER SCHEDULING SETTLEMENT CONFERENCE

JOANNE B. BARNHART. Defendant(s). /

TO ALL PARTIES and their Attorneys of Record: PLEASE TAKE NOTICE that this case has been scheduled for a Settlement Conference before Magistrate Judge Maria-Elena James. The Settlement Conference shall take place on November 18, 2008, at 10:00 a.m. in Judge James' chambers, located at the Federal Building, 450 Golden Gate Avenue, 15th Floor, San Francisco, California 94102. The parties shall immediately notify the Court if this matter settles or is dismissed before the settlement conference date. On the date of the settlement conference, counsel and parties shall use the telephone adjacent to chambers' security entrance to notify the Court of their arrival. Settlement Conference statements shall be submitted in accordance with Magistrate Judge James' STANDING ORDER RE: SETTLEMENT CONFERENCE PROCEDURES, a copy of which may be obtained from the Northern District of California's website at http://www.cand.uscourts.gov/. From the homepage, click on the "Judges" tab on the left margin, then choose Magistrate Judge James. When filing papers that require the Court to take any action (e.g. motions, calendaring issues, administrative requests or a request to be excused from attendance), the parties shall, in addition to filing papers electronically, lodge with chambers a printed copy of the papers by the close of the next court day following the day the papers are filed electronically. These printed copies shall be marked "Chambers Copy" and shall be submitted to the Clerk's Office, in an envelope clearly

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

marked with Judge James' name, case number and "E-Filing Chambers Copy." Parties shall not file a paper copy of any document with the Clerk's Office that has already been filed electronically. Any proposed orders must also be emailed to: [e-mail] Please contact the Courtroom Deputy Clerk, Brenda Tolbert, at [phone] with any questions.

IT IS SO ORDERED. Dated: October 31, 2008 MARIA-ELENA JAMES United States Magistrate Judge

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1 2 3 4 5 6 7 8 9 United States District Court For the Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDERS RE: SETTLEMENT CONFERENCE PROCEDURES

FOR CASES REFERRED TO MAGISTRATE JUDGE MARIA-ELENA JAMES ________________________________________________________________________

IN ALL CASES referred to Magistrate Judge Maria-Elena James for a settlement conference,

10 the parties shall follow the following procedures: 11 12 SETTLEMENT CONFERENCE PROCEDURES. 13 Prior to filing a settlement conference statement, counsel shall discuss all settlement positions

14 with their clients. 15 16 THE SETTLEMENT CONFERENCE STATEMENT. 17 18 19 20 party shall submit a Settlement Conference Statement addressed to Magistrate Judge James 21 DIRECTLY to the United States District Court Clerk's Office in San Francisco, located at 450 Golden 22 Gate Avenue, 16th Floor, P.O. Box 36060, San Francisco, California 94102. Settlement Conference 23 Statements should be submitted in a sealed envelope. Envelopes should be prominently marked 24 CONFIDENTIAL - SETTLEMENT CONFERENCE STATEMENT - DO NOT FILE. 25 26 Settlement Conference Statements shall not be filed with the Clerk of the Court, and shall SUBMISSION: Not later than seven (7) calendar days prior to the settlement conference, each

27 not be served upon other parties or their counsel. Only the Court and its personnel shall have 28 3

1 access to these statements. Under no conditions shall other parties or counsel have access to 2 these statements. 3 4 CONTENT: The form and content of the Settlement Conference Statement will vary

5 depending on the case. Generally, the Settlement Conference Statement shall include the following: 6 7 8 9 10 United States District Court For the Northern District of California 11 3. Undisputed Matters. A plain and concise statement of all material facts not in dispute, 2. Summary of Proceedings. A brief summary of the proceedings to date. 1. Statement of Facts. A brief description of the facts giving rise to the case.

12 including a statement of disputed matters which have been resolved by stipulation. 13 14 4. Disputed Issues of Fact. A plain and concise statement of the material facts that remain in

15 dispute. 16 17 5. Disputed Issues of Law. A brief statement of the disputed points of law, including reference

18 to specific statutes and decisions relied upon. Extended legal argument is not appropriate. Reference 19 may be made to Points and Authorities previously filed. 20 21 6. Relief Sought. A statement of the relief sought, including a particularized itemization of

22 all elements of damages. 23 24 8. Prior Settlement Discussions. A chronological summary of prior settlement activity

25 between the parties including settlement offers and responses thereto. 26 27 28 9. Settlement Analysis. A brief and forthright evaluation of the strengths and weaknesses of 4

1 the party's case and the probabilities of prevailing on the major issues in dispute. 2 3 10. Discrete Issues. Identify and, if appropriate, prioritize any discrete issues which, if

4 resolved, would aid in the disposition of the case. 5 6 7 8 THE SETTLEMENT CONFERENCE. 9 10 United States District Court For the Northern District of California All parties and their counsel of record are required to attend the settlement conference. Each 11. Current Settlement Position. Set forth a reasonable proposal of settlement.

11 party must attend the conference having full authority to negotiate and settle the case. If a party is 12 indemnified by a non-party indemnitor, including but not limited to, indemnification pursuant to an 13 insurance policy, the indemnitor, and the indemnitor's counsel, if necessary, must also attend the 14 conference and have authority to settle the case. 15 16 Counsel who attends the settlement conference without the full authority to settle may be

17 subject to sanctions, pursuant to Federal Rule of Civil Procedure 16(f). 18 19 Only upon written showing of good cause, submitted at least fourteen calendar days prior to

20 the settlement conference, will the Court excuse a party or Counsel from mandatory attendance of the 21 settlement conference. Parties or Counsel may only be excused from attending the settlement 22 conference upon written authorization from Judge James. Parties or Counsel who fail to attend the 23 settlement conference without authorization from Judge James may be subject to sanctions, pursuant 24 to Federal Rule of Civil Procedure 16(f). 25 26 In rare circumstances, upon written showing of good cause, submitted at least fourteen

27 calendar days prior to the settlement conference, Judge James may authorize a party or Counsel to be 28 5

1 available by telephone for purposes of authorizing settlement ONLY. 2 3 Counsel is responsible for notifying their clients of the settlement conference's time, date, and

4 all rescheduling of the settlement conference. 5 6 To reschedule a settlement conference, counsel shall contact the Deputy Clerk at (415)

7 522-4708 to obtain a new date and time, no later than seven court days prior to the scheduled 8 settlement conference. Counsel shall confirm the new date and time with opposing counsel. 9 Thereafter, counsel shall file a joint stipulation which states that the settlement conference is 10 rescheduled and sets forth the new time and date of the settlement conference. The Court will United States District Court For the Northern District of California 11 notreschedule a settlement conference upon unilateral request of counsel and the settlement 12 conference will remain on calendar for the originally noticed time and date until the Court 13 receives said joint stipulation. Counsel who fails to coordinate the rescheduling of the settlement 14 conference with opposing party, or fails to file said joint stipulation at least three Court days 15 prior to the scheduled settlement conference may be subject to sanctions, pursuant to Federal 16 Rule of Civil Procedure 16(f). 17 18 If the case is settled in advance of the settlement conference, the parties MUST notify Judge

19 James' chambers by telephone and in writing as soon as possible. Failure to do so may subject the 20 parties to sanctions, pursuant to Federal Rule of Civil Procedure 16(f). 21 22 23 24 IT IS SO ORDERED. 25 26 27 28 6 Date: September 19, 2005 _________________________ MARIA-ELENA JAMES United States Magistrate Judge