United States of America v. Warner

Filing 72

ORDER Re exchange of financial information for settlement conference (Beeler, Laurel) (Filed on 4/6/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco Division UNITED STATES OF AMERICA, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 Plaintiff, No. C 11-04181 LB ORDER RE SETTLEMENT CONFERENCE v. PAUL J. WARNER, Defendant. _____________________________________/ On April 4, 2013, the court held a hearing on the parties’ cross-motions for summary judgment 18 and, on the record, ruled in the government’s favor. The government previously had suggested that 19 it was willing to discuss a compromise on the accumulated interest and costs, but given the parties’ 20 respective legal positions, the parties did not participate in any settlement discussions. Now, in the 21 new procedural posture, both parties agreed that the court should refer the matter for a settlement 22 conference. The matter has been set before Judge Westmore in Oakland on Monday, April 19, 2013. 23 As the parties discussed at the April 4 hearing, the government generally negotiates a 24 compromise position about accumulated interest and costs based on the borrower’s financial 25 situation. Thus, the issue here no longer is a legal one but instead is a practical one that will be 26 based on Mr. Warner’s financial information. If there is not disclosure of relevant information 27 before the settlement conference, then the settlement conference will not be productive. As the court 28 told Mr. Warner at the April 4 hearing, and the government did not disagree, disclosure of the C 11-04181 LB ORDER RE SETTLEMENT CONFERENCE 1 financial information can be made confidentially as part of the settlement proceedings. 2 To ensure that the settlement conference is productive, the court directs the parties to meet and 3 confer in person or by telephone no later than Wednesday, April 10, 2013 and before preparing their 4 settlement conference statements that are to be submitted to Judge Westmore by Friday, April 12, 5 2013. They are directed specifically to discuss the kinds of financial information that Mr. Warner 6 needs to provide to the government so that it can meaningfully participate in the settlement process. 7 Thereafter, counsel shall cooperate in providing discovery informally and expeditiously before the 8 settlement conference. 9 10 IT IS SO ORDERED. Dated: April 6, 2013 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 _______________________________ LAUREL BEELER United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 11-04181 LB ORDER RE SETTLEMENT CONFERENCE 2

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