Garcia v. Resurgent Capital Services, LP et al

Filing 59

ORDER SCHEDULING SETTLEMENT CONFERENCE. Signed by Magistrate Judge Bernard Zimmerman on 11/8/2011. (bzsec, COURT STAFF) (Filed on 11/8/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DONNA GARCIA,

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Plaintiff(s),
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v.

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RESURGENT CAPITAL SERVICES,
LP, et al.,
Defendant(s).

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No. C11-1253 EMC (BZ)

ORDER SCHEDULING
SETTLEMENT CONFERENCE

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The above matter was referred to Magistrate Judge Bernard
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Zimmerman for settlement purposes.
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You are hereby notified that a settlement conference is
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scheduled for, November 22, 2011, at 9:00 a.m., in Courtroom C,
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15th Floor, Federal Building, 450 Golden Gate Avenue, San
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Francisco, California 94102.
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It is the responsibility of counsel to ensure that whatever
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discovery is needed for all sides to evaluate the case for
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settlement purposes is completed by the date of the settlement
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conference. Counsel shall cooperate in providing discovery
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informally and expeditiously.
Lead trial counsel shall appear at the Settlement

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Conference with the parties.

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person shall be represented by the person or persons not

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directly involved in the events which gave rise to the

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litigation but with full authority to negotiate a settlement.

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person who needs to call another person not present before

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accepting, rejecting or making any settlement offer does not

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have full authority.

Any party who is not a natural

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An insured party shall appear with a

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representative of the carrier with full authority to negotiate

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up to the limits of coverage.

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immediately if the carrier declines to attend.

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attendance of a party representative will not be excused by the

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Court.

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The Court shall be notified
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Each party shall prepare a Settlement Conference Statement,

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which must be served on opposing counsel and lodged (not faxed)

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with my chambers no later than November 17, 2011.

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shall not be filed with the Clerk of the Court.

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may be submitted on CD-ROM with hypertext links to exhibits.

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Otherwise, the portion of exhibits on which the party relies

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shall be highlighted.

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not exceed ten pages of text and twenty pages of exhibits and

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shall include the following:

The Statement

The Statement

The Settlement Conference Statement shall

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1.

A brief statement of the facts of the case.

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2.

A brief statement of the claims and defenses

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including, but not limited to, statutory or other grounds upon

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which the claims are founded.

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3.

A summary of the proceedings to date and any pending
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motions.
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An estimate of the cost and time to be expended for

further discovery, pretrial and trial.
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For any party seeking relief, a description of the

relief sought, including an itemization of damages.
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The parties' position on settlement, including present

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demands and offers and a history of past settlement discussions.

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The Court’s time can best be used to assist the parties in

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completing their negotiations, not in starting them.

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Accordingly, plaintiff must serve a demand in writing no later

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than November 11, 2011 and defendants must respond in writing no

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later than November 16, 2011.

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fees and costs, plaintiff’s counsel shall either include the fee

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claim in the demand or make a separate, simultaneous demand for

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fees and costs.

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provide sufficient information to defendant to enable the fee

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claim to be evaluated for purposes of settlement.

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are urged to carefully evaluate their case before taking a

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settlement position since extreme positions hinder the

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settlement process.

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If plaintiff seeks attorney’s

Counsel shall be prepared at the conference to

The parties

Along with the Statement each party shall lodge with the

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court a document of no more than three pages containing a candid

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evaluation of the parties' likelihood of prevailing on the

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claims and defenses, and any other information that party wishes

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not to share with opposing counsel.

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are, the more productive the conference will be.

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shall not be served on opposing counsel.

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The more candid the parties
This document

It is not unusual for conferences to last three or more
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hours.

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discuss their case.

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will not be admissible at trial in the event the case does not

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settle.

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as:

Parties are encouraged to participate and frankly
Statements they make during the conference

The parties should be prepared to discuss such issues

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1. Their settlement objectives.

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2. Any impediments to settlement they perceive.

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3. Whether they have enough information to discuss

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settlement.

If not, what additional information is needed.

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4. The possibility of a creative resolution of the dispute.

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The parties shall notify Magistrate Judge Zimmerman's

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chambers immediately if this case settles prior to the date set

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for settlement conference.

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order to each party who will participate in the conference.

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Dated: November 8, 2011

Counsel shall provide a copy of this

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Bernard Zimmerman
United States Magistrate Judge

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G:BZALL\-REFS\REFS.2011\GARCIA SC.WPD

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