Cruz v. Quang et al

Filing 68

NOTICE of Settlement Conference and Settlement Conference Order by Chief Magistrate Judge Elizabeth D. Laporte. Settlement Conference set for 10/30/2014 at 01:30 PM in Courtroom E, 15th Floor, San Francisco.(shyS, COURT STAFF) (Filed on 8/27/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSE CRUZ, et al.,

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Plaintiffs,

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v.

NOTICE OF SETTLEMENT
CONFERENCE AND SETTLEMENT
CONFERENCE ORDER

BRANDON QUANG, et al.,
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For the Northern District of California

United States District Court

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No. C 13-00181 VC (EDL)

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Defendant.
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TO ALL PARTIES AND COUNSEL OF RECORD:

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The above matter was referred to Magistrate Judge Elizabeth D. Laporte for settlement purposes.

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You are hereby notified that a settlement conference is scheduled for October 30, 2014, at

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1:30 p.m., at the U.S. District Court, 450 Golden Gate Avenue, 15th Floor, Courtroom E, San Francisco,

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CA 94102.

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This date was set after repeated consultations with counsel and, as a result, no party will be

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excused unless an unforeseeable emergency arises. For example, an individual’s presence in a foreign

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country or work schedule does not constitute an emergency. The scheduled date provides ample notice

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to arrange for a return to the United States and to arrange one’s work schedule for this settlement

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conference. If an unforeseeable emergency arises, counsel must immediately contact courtroom deputy

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Stephen Ybarra at 415-522-3694.

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It is the responsibility of counsel to ensure that whatever discovery is needed for all sides to

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evaluate the case for settlement purposes is completed by the date of the settlement conference. Counsel

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shall cooperate in providing discovery informally and expeditiously.

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A.

Meet and Confer Requirement and Option to Request Pre-Settlement Conference Call
with Judge Laporte

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No later than fourteen (14) calendar days before the settlement conference and prior to the

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preparation of their Exchanged Settlement Conference Statements and Confidential Settlement

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Letters, counsel for the parties must meet and confer (in person or by phone) to discuss matters pertinent

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to improving the prospects that the settlement negotiations will be productive. During the

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meet and confer, counsel may address any subjects they feel are appropriate, but they must discuss

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the following:

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1.

Who will attend the conference on behalf of each party, including counsel and identification of

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the person(s) with full authority to make the final decision as to whether any settlement offer is

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made, accepted, or rejected (e.g., the party, and another person(s) if full authority does not rest

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For the Northern District of California

United States District Court

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with the party).
2.

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Which persons or entities must approve a proposed settlement agreement before it can be
executed, as well as the nature and duration of any such approval process.

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Whether insurance is available to cover all or part of the claimed losses or to fund all or part of

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any party's defense; whether tenders have been made to any insurance companies; and if

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insurance is available, the name of and position held by each claims representative who will be

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attending the settlement conference.

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4.

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Whether there are particular documents or other tangible things that should be brought to the
conference (e.g., to educate the settlement judge or to support or explain significant contentions).

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Any unusual issues or factors that could come into play in the settlement negotiations or any

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especially sensitive matters that other counsel or the Court should be alerted to before the

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conference.

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Whether a pre-settlement conference call with the attorneys and the settlement judge would help

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make the process more productive (e.g., by ensuring that the appropriate client representatives

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attend). Counsel may arrange a pre-settlement conference call with Judge Laporte by

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calling Stephen Ybarra at 415-522-3694.

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B.

Exchange of Current Settlement Demand and Response

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If there is no current settlement demand, Plaintiff must serve a demand on Defendant in writing

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no later than fourteen days before the conference, outlining its theories for recovery, the supporting

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facts, and damages. Plaintiff must include its demand in its exchanged settlement conference statement.

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Defendant must include its response to the demand in its exchanged settlement conference statement.

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C.

Lodged Settlement Conference Documents
No later than ten (10) calendar days prior to the settlement conference by 12:00 p.m., each

party shall submit the following:

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(1) an Exchanged Settlement Conference Statement; and

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(2) a Confidential Settlement Letter.

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Laporte's chambers on the 15th floor.

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For the Northern District of California

United States District Court

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The parties shall deliver the Settlement Conference Documents directly to Chief Magistrate Judge

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Counsel shall serve a copy of the Settlement Conference Statement on all parties.

Exchanged Settlement Conference Statements

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Furthermore, counsel are strongly encouraged prior to the settlement conference to share with their

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clients the contents of the Settlement Conference Statement(s) received from opposing counsel.

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The Settlement Conference Statement shall not exceed ten (10) pages of text. Parties are

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encouraged to include as exhibits any key documents and deposition excerpts, with highlighting as

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appropriate. The Settlement Conference Statement shall include the following:

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a.

A brief statement of the facts of the case.

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b.

A brief statement of the principal claims and defenses.

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c.

A description of the key factual and legal issues that are in dispute and a plain

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and concise statement of the specific evidence relevant to their determination.

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Portions of any exhibits and transcripts relied upon by the parties shall be

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referenced and highlighted.

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d.

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motions.
e.

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A summary of the proceedings to date and a description of any pending

The bases for any damages calculations and a description of any nonmonetary
relief sought or non-monetary components of settlement offers or demands.

f.

The history and current status of settlement discussions, and the party's current
demand/offer of settlement to the opposing party(ies).
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g.

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For each party, a list of the names, titles, and positions of all persons who will
be attending the conference.

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h.

Where the party is a governmental entity, a description of which persons or

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entities must approve a proposed settlement agreement before it can be executed,

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as well as the nature and duration of that approval process.

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2.

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The Confidential Settlement Letter shall not be served upon other parties.

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The Confidential Settlement Letter shall not exceed five (5) pages of text and shall include the

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following:
a.

Separately for each principal claim and defense, a candid and forthright

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For the Northern District of California

United States District Court

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Confidential Settlement Letters

evaluation of the strengths and weaknesses and likelihood that the party

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submitting the Confidential Letter will prevail. Citations to any key legal

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authorities relied upon by the parties as part of this evaluation shall be provided.

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b.

An estimate of the out-of-pocket expenses, attorneys' fees, and time: (a) spent

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to date and (b) to be expended for further discovery, pretrial, and trial. If

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plaintiff seeks attorneys' fees and costs, plaintiff's counsel shall be prepared at

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the conference to provide sufficient information to enable the fee claim to be

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evaluated for purposes of settlement.

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c.

A description of the principal obstacles (factual, legal, or other) to reaching a

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settlement agreement, and the reason the parties' assessments of the settlement

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value of the case differ.

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d.

A realistic settlement figure and/or terms (including any non-monetary terms)

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that,

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given all the circumstances, the party submitting the Confidential Letter

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would consider seriously.

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e.

Where the party is insured or is a governmental entity, any foreseeable

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barriers to insurance coverage or approval of a proposed settlement, or special

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concerns that the insurer or governmental entity might want addressed.
f.

A brief discussion of any of the subjects identified in Section A of this Order
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that might be significant in the settlement dynamic.
D.

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Mandatory Personal Attendance
Lead trial counsel shall appear at the settlement conference with the parties and with the

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person(s) having full authority to make the final decision as to whether any settlement offer is made,

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accepted, or rejected (if full authority does not rest with the party). A person who needs to

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call another person not present before making, accepting, or rejecting any settlement offer does not

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have such full authority. If a party is a governmental entity, its governing body shall designate one

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of its members or a senior executive to appear at the settlement conference with authority to

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participate in the settlement conference and, if a tentative settlement agreement is reached, to
recommend the agreement to the governmental entity for its approval. An insured party shall

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For the Northern District of California

United States District Court

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appear with a representative of the carrier with full authority to negotiate up to the limits of

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coverage.

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Personal attendance is mandatory and will rarely be excused by the Court, and only upon written

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authorization from the Court. To seek to excuse a party from personally attending a settlement

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conference, counsel for that party shall meet and confer with counsel for all other parties to determine

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if there are any objections to the moving party's absence. Counsel must then lodge a letter with the

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Court, with copies to all parties, seeking to excuse the party's participation. The letter shall recite the

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compelling reasons for seeking the party's absence, as well as whether the other parties agree or object

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to the request and the reasons for any objection. The application to excuse a party must be lodged no

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later than the lodging of the Settlement Conference Documents. If the Court permits attendance by

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telephone, the person who is excused from personally appearing must be available to participate by

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telephone throughout the entire conference.

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E.

Duration and Content of Settlement Conference

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It is not unusual for settlement conferences to last three (3) or more hours, or at times all day.

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Parties and their representatives should be prepared to devote the entire day to the conference if

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necessary. Parties are encouraged to participate in the settlement conference and frankly discuss their

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case. Statements they make during the conference will not be admissible in the event the case does not

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settle. See ADR L.R. 7-5. The parties and their representatives should be prepared to discuss such
issues as their settlement objectives; any impediments to settlement that they perceive; whether they
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have enough information to discuss settlement and if not, what additional information is needed; and

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the possibility of a creative resolution of the dispute.

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F.

Continuances
Any request to continue the settlement conference shall be submitted in writing as soon as

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possible after consultation with the opposing party. The request must demonstrate a compelling

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reason for a continuance, and state whether the opposing party(ies) agree or oppose the request. Any

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party who objects to the continuance should submit a written response within 2 business days.

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Courtesy copies of any electronically filed documents must be delivered to chambers as provided in

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For the Northern District of California

United States District Court

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Civil Local Rule 5-1(e)(7).
The parties shall notify Chief Magistrate Judge Laporte's Courtroom Deputy, Stephen Ybarra,

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immediately at [phone] if this case settles prior to the date set for settlement conference.

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Any failure to comply with the requirements of this Order may subject the parties and/or

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counsel to sanctions.

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IT IS SO ORDERED.

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Dated: August 27, 2014

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ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

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