Beal et al v. Royal Oak Bar et al

Filing 145

ORDER SCHEDULING SETTLEMENT CONFERENCE. Signed by Magistrate Judge Maria-Elena James on 6/1/2016. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 6/1/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL BEAL, et al.,

Case No. 13-cv-04911-LB (MEJ)

Plaintiffs,
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ORDER SCHEDULING SETTLEMENT
CONFERENCE

v.
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ROYAL OAK BAR, et al.,
Defendants.

United States District Court
Northern District of California

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This case has been referred for a Settlement Conference before Magistrate Judge Maria-

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Elena James. If this case settles prior to the date of the Settlement Conference, the parties shall

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immediately notify the Courtroom Deputy, Rose Maher, at [phone]. Counsel shall provide

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a copy of this Order to each party who will participate in the conference.

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The Settlement Conference shall take place on September 7, 2016, at 10:00 am in

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Magistrate Judge James’s CHAMBERS (not the courtroom), located on the 15th Floor of the

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Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102. On the date of the

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settlement conference, the parties shall use the intercom adjacent to chambers’ security entrance to

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notify the Court of their arrival.

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It is not unusual for the conference to last three or more hours. All parties are encouraged

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to participate and frankly discuss their case. Statements they make during the conference will not

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be admissible at trial if the case does not settle. The parties should be prepared to discuss such

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issues as: (1) their settlement objectives; (2) any impediments to settlement they perceive; (3)

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whether they have enough information to discuss settlement and, if not, what additional

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information is needed; and (4) the possibility of a creative resolution of the dispute.

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In anticipation of the settlement conference, the parties shall comply with the following

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requirements:

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A)

Discovery: It is the responsibility of counsel to ensure that whatever discovery is needed

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for all sides to evaluate the case for settlement purposes is completed by the date of the

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Settlement Conference. Counsel shall cooperate in providing discovery informally and

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expeditiously.

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B)

Required Attendance: Lead trial counsel shall appear at the Settlement Conference with the

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parties. Any party who is not a natural person shall be represented by the person(s) with

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unlimited authority to negotiate a settlement. A person who needs to call another person

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not present before agreeing to any settlement does not have full authority.
1)

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Governmental Entity: If a party is a governmental entity, its governing body shall

United States District Court
Northern District of California

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designate one of its members or a senior executive to participate in the conference

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and, if a tentative settlement agreement is reached, to recommend the agreement to

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the governmental entity for its approval.
2)

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Insured Party: An insured party shall appear with a representative of the carrier

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with full authority to negotiate up to the limits of coverage. Personal attendance of

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a party representative will rarely be excused by the Court, and then only upon

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separate written application demonstrating substantial hardship served on opposing

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counsel and lodged as early as the basis for the hardship is known, but no later than

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the due date of the Settlement Conference Statement.

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C)

Minors: No child under the age of 18 may attend the settlement conference without

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obtaining an order from this Court allowing the child to attend. Any request for relief from

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this Court’s policy must be made at least 14 days before the conference and must state

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good cause for the Court to make an exception in the case.

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D)

Requests to be Excused: Parties may only be excused from attending the settlement

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conference in person upon written authorization from Magistrate Judge James. Any such

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request must be filed as a motion and proposed order at least 14 days in advance of the

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conference.

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E)

Rescheduling: To reschedule a settlement conference, counsel shall contact the Courtroom
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Deputy, Rose Maher, at [phone], preferably at least seven days before the

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conference but as far in advance as possible to obtain a new date. Counsel shall confirm

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the new date and time with opposing counsel and thereafter file a stipulation and proposed

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order that sets forth the new date and time of the settlement conference. The parties are

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advised that the original settlement conference date will remain on calendar unless they

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receive an order from the Court.

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F)

Submission of Settlement Conference Statements: Each party shall prepare a Settlement

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Conference Statement, which shall comply with the guidelines listed below.

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1)

The statements must be LODGED with the Clerk’s Office (NOT filed) no later
than seven (7) calendar days prior to the conference. Statements shall be submitted

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United States District Court
Northern District of California

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in a sealed envelope to the Clerk’s Office, located at 450 Golden Gate Avenue,

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16th Floor, Box 36060, San Francisco, California 94102. Envelopes should be

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prominently marked “CONFIDENTIAL SETTLEMENT CONFERENCE

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STATEMENT - DO NOT FILE”.
2)

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Each party shall also submit their Settlement Conference Statement in Word or pdf
format to [e-mail].

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3)

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Although the parties do not need to exchange statements, they are encouraged to do

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so. If statements are exchanged, any party may submit a separate confidential

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settlement letter to the Court not to exceed three pages. The contents of this letter

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will not be disclosed to the other parties.

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G)

Content of Settlement Conference Statements: The form and content of the statement may

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vary depending on the case. Generally, the statement shall include the following:

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1)

Statement of Facts: A description of the facts giving rise to the case.

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2)

Summary of Proceedings: A summary of the proceedings to date.

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3)

Undisputed Matters: A statement of all material facts not in dispute.

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4)

Disputed Issues of Fact: A statement of disputed material facts.

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5)

Disputed Issues of Law: A statement of the disputed points of law, including

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reference to specific statutes and decisions relied upon. Extended legal argument is
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not appropriate or required. Reference may be made to Points and Authorities

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previously filed.

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damages sought and a breakdown of the estimated cost if the case proceeds to trial.

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Settlement Analysis: A forthright evaluation of the strengths and weaknesses of
your case and the probabilities of prevailing on the major issues in dispute.

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Prior Settlement Discussions: A chronological summary of prior settlement
negotiations, including settlement offers and responses thereto.

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Relief Sought: A statement of the relief sought, including an itemization of all

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Discrete Issues: Identify and prioritize any discrete issues that, if resolved, would
aid in the disposition of the case.

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United States District Court
Northern District of California

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10)

Current Settlement Position: Set forth a reasonable proposal of settlement.

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IT IS SO ORDERED.

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Dated: June 1, 2016
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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