United States of America v. Warner
Filing
72
ORDER Re exchange of financial information for settlement conference (Beeler, Laurel) (Filed on 4/6/2013)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?