Animal Legal Defense Fund et al v. HVFG, L.L.C. et al

Filing 92

ORDER regarding settlement conference. See order for urgent directives. Signed by Magistrate Judge Laurel Beeler on 6/11/2013. (lblc2, COURT STAFF) (Filed on 6/11/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
ANIMAL LEGAL DEFENSE FUND,
ET AL.,

No. C 12 05809 WHA (LB)

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff(s),
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ORDER REGARDING SETTLEMENT
CONFERENCE

v.
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HVFG LLC, ET AL.,
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Defendant(s).
___________________________________/

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The court held a pre-settlement conference telephone call about all the pending settlement
conference motions and orders the following.

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1. Plaintiffs have not made a demand, and in the call today, said it was because HVFG has not

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provided certain discovery that the district court already ordered. By 4 p.m. today, Plaintiffs must

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email HVFG saying specifically what is needed to make a demand and cross-referencing the district

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court’s order by docket number and page cite. Plaintiffs must cc the court at the orders box at

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[e-mail]. HVFG must provide the information no later than noon on Wednesday,

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June 12, 2013. The undersigned’s intent is not to order any information beyond that ordered by the

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district court.

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2. By noon on Thursday, June 13, 2013, Plaintiffs must make a demand (monetary and/or
equitable) and must cc the court by email to the court’s orders box at [e-mail].

ORDER RE SETTLEMENT CONFERENCE

C 12 05809 WHA (LB)

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3. By 5 p.m. on Thursday, June 13, 2013, Defendants must respond to Plaintiffs’ demand and
again should cc the court’s orders box.
4. Regal Vegan’s motion to appear by telephone is denied. See ECF No. 83. Parties need to
appear in person at settlement conferences.

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5. HVFC’s motion for non-essential parties to appear by telephone is granted, to the extent that

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they are non-essential. See ECF No, 88. From the docket, equitable and monetary relief are at stake

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in this litigation. The corporate decisionmaker needs to be at the settlement conference in person.

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That varies by corporation: sometimes it is the CEO, sometimes it is the CFO, sometimes it is the

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COO, and the process requires counsel to make sure that person is there. If the operations person
specified is that person and can make those financial and equitable decision, that is fine. That issue

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should be illuminated by Plaintiffs’ demand tomorrow.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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The court appreciates that HVFG’s corporate representative has made plans to come to San

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Francisco. That being said, a settlement conference is productive only when the court’s processes,

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which are also orders, are followed. Any failure to comply with the process in this order will result

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in the settlement conference’s being vacated on Thursday at 5:30 p.m.

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This disposes of ECF Nos. 83 and 88.

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IT IS SO ORDERED.

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Dated: June 11, 2013
LAUREL BEELER
United States Magistrate Judge

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ORDER RE SETTLEMENT CONFERENCE

C 12 05809 WHA (LB)

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