Landry v. Berry et al

Filing 61

ORDER RE SETTLEMENT CONFERENCE. Signed by Judge Elizabeth D Laporte on 10/13/2011. (kns, COURT STAFF) (Filed on 10/13/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 MALCOLM L. LANDRY, 8 9 Plaintiff, v. NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER MIKE BERRY, 11 For the Northern District of California United States District Court 10 No. C 10-04707 RS (EDL) 12 Defendant. ___________________________________/ 13 14 TO ALL PARTIES AND COUNSEL OF RECORD: 15 The above matter was referred to Magistrate Judge Elizabeth D. Laporte for Settlement 16 Conference. You are hereby notified that the conference is scheduled for November 30, 2011 at 17 1:30 p.m., Courtroom E, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, 18 California 94102. If the above date is not possible for the parties and counsel, or if the parties believe 19 that settlement discussions would be more productive at a different time, counsel shall confer with each 20 other and then contact Magistrate Judge Laporte's Courtroom Deputy within a week at (415) 522-3694 21 to determine whether it is possible and appropriate to reschedule the conference. 22 Lead trial counsel or a party without a lawyer shall appear at the Settlement Conference with 23 the parties and with the person or persons having full authority to negotiate and to settle the case. In 24 all cases in which a party is insured, the carrier's claims representative and attorney, if any, with full 25 authority to negotiate up to the limits of coverage shall also attend the Settlement Conference. In cases 26 where settlement authority rests with a governing body, counsel or a party without a lawyer, shall 27 advise the Court and opposing party by letter at least 72 hours prior to the conference, of the manner 28 in which the governing body will appear. 1 Personal attendance by counsel or a party without a lawyer will not be excused under any 2 circumstances and personal attendance by a party will rarely be excused. Permission for a party to 3 attend by telephone may be granted, in the Court's discretion, upon written request made at least two 4 weeks in advance of the conference, if the party lives and works outside of the Northern District of 5 California and the Court determines that personal attendance would constitute a hardship and is not 6 needed in order to have an effective settlement conference. The nature of the hardship must be 7 explained. A copy of the written request must be served on all other parties. Any objection to the 8 request must be submitted within forty-eight (48) hours of receipt. Both the request and objection may 9 be submitted in letter form either by mail or facsimile to (415) 522-2002. If telephone attendance is allowed, the party must be available throughout the entire conference. 11 For the Northern District of California United States District Court 10 On or before November 21, 2011, the parties shall deliver directly to the Magistrate Judge 12 a Confidential Settlement Conference Statement which should not be filed with the Clerk of the 13 Court or served upon other parties. 14 The Confidential Settlement Conference Statement shall not exceed twenty-five (25) pages of 15 text exclusive of exhibits. (Parties are encouraged to include as exhibits any key documents and 16 deposition excerpts). The Confidential Settlement Conference Statement shall include the following: 17 1. A brief statement of the facts of the case. 18 2. A brief statement of the claims and defenses including, but not limited to, statutory or 19 other grounds upon which the claims are founded, a candid, forthright evaluation of the parties' 20 likelihood of prevailing on the claims and defenses and a description of the major issues in dispute. 21 22 3. A list of the key facts in dispute and a brief statement of the specific evidence relevant to those facts. 23 4. A summary of the proceedings to date and any pending motions. 24 5. An estimate of the out of pocket expenses, attorney's fees and time to be expended for 25 further discovery, pretrial and trial. 26 6. The relief sought, including an itemization of damages. 27 7. The party's position on settlement, including present demands and offers and a history 28 of past settlement discussions. 2 1 8. If there have been no prior settlement discussions, plaintiff must serve a demand letter 2 outlining its theories for recovery, supporting facts and damages in writing at least 7 business days 3 before the conference, and defendant must respond in writing at least 3 business days before the 4 conference. 5 It is not unusual for conferences to last several hours or at times, all day. No participant in the 6 settlement conference will be permitted to leave the settlement conference before it is concluded without 7 the permission of the settlement conference judge. during the conference will not be admissible at trial to prove or disprove liability in the event the case 10 does not settle. The parties should be prepared to discuss such items as their settlement objectives, any 11 For the Northern District of California Parties are encouraged to participate and frankly discuss their case. Statements they make 9 United States District Court 8 impediments to settlement that they perceive, whether they have enough information to discuss 12 settlement and, if not, what additional information is needed and the possibility of a creative resolution 13 of the dispute. 14 Any request to continue the settlement conference shall be submitted in writing as soon as 15 possible after consultation with the opposing party. The request must demonstrate a compelling 16 reason for a continuance, and state whether the opposing party(ies) agree or oppose the request. Any 17 party who objects to the continuance should submit a written response within 2 business days. 18 Submission by facsimile is acceptable at facsimile number (415) 522-2002. A paper copy of all 19 electronically filed documents must be delivered to chambers no later than 12:00 noon on the day 20 after the document is electronically filed. 21 The parties shall notify Magistrate Judge Laporte's Courtroom Deputy immediately at (415) 22 522-3694 if this case settles prior to the date set for settlement conference. 23 Dated: October 13, 2011 24 ELIZABETH D. LAPORTE United States Magistrate Judge 25 26 27 28 3

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