Moore v. City of Berkeley et al

Filing 41

ORDER SCHEDULING SETTLEMENT CONFERENCE. Signed by Magistrate Judge Maria-Elena James on 1/7/2015. (rmm2S, COURT STAFF) (Filed on 1/7/2015)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 Northern District of California 7 8 ARTHUR MOORE, 9 No. C 14-00669 CRB (MEJ) Plaintiff(s), v. ORDER SCHEDULING SETTLEMENT CONFERENCE 10 CITY OF BERKELEY ET AL, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Defendant(s). _____________________________________/ 13 14 This case has been referred for a Settlement Conference before Magistrate Judge Maria-Elena 15 James. If this case settles prior to the date of the Settlement Conference, the parties shall 16 immediately notify the Courtroom Deputy, Rose Maher, at (415) 522-4708. Counsel shall provide a 17 copy of this Order to each party who will participate in the conference. 18 The Settlement Conference shall take place on April 29, 2015, at 10:00 a.m., in Magistrate 19 Judge James’ CHAMBERS (not the courtroom), located on the 15th Floor of the Federal Building, 20 450 Golden Gate Avenue, San Francisco, California 94102. On the date of the settlement conference, 21 the parties shall use the intercom adjacent to chambers’ security entrance to notify the Court of their 22 arrival. 23 It is not unusual for the conference to last three (3) or more hours. All parties are encouraged 24 to participate and frankly discuss their case. Statements they make during the conference will not be 25 admissible at trial if the case does not settle. The parties should be prepared to discuss such issues as: 26 (1) their settlement objectives; (2) any impediments to settlement they perceive; (3) whether they 27 have enough information to discuss settlement and, if not, what additional information is needed; and 28 (4) the possibility of a creative resolution of the dispute. 1 The parties shall comply with the following requirements for all settlement conferences before 2 Magistrate Judge James. 3 A) Discovery: It is the responsibility of counsel to ensure that whatever discovery is needed for 4 all sides to evaluate the case for settlement purposes is completed by the date of the 5 Settlement Conference. Counsel shall cooperate in providing discovery informally and 6 expeditiously. 7 B) Required Attendance: Lead trial counsel shall appear at the Settlement Conference with the 8 parties. Any party who is not a natural person shall be represented by the person(s) with 9 unlimited authority to negotiate a settlement. Note: A person who needs to call another person not present before agreeing to any settlement does not have full authority. 11 1) Governmental Entity: If a party is a governmental entity, its governing body shall 12 For the Northern District of California UNITED STATES DISTRICT COURT 10 designate one of its members or a senior executive to participate in the conference and, 13 if a tentative settlement agreement is reached, to recommend the agreement to the 14 governmental entity for its approval. 15 2) Insured Party: An insured party shall appear with a representative of the carrier with 16 full authority to negotiate up to the limits of coverage. Personal attendance of a party 17 representative will rarely be excused by the Court, and then only upon separate written 18 application demonstrating substantial hardship served on opposing counsel and lodged 19 as early as the basis for the hardship is known but no later than the due date of the 20 Settlement Conference Statement. 21 C) Minors: No child under the age of 18 may attend the settlement conference without obtaining 22 an order from this Court allowing the child to attend. Any request for relief from this Court's 23 policy must be made 14 days before the settlement and must state good cause for the Court to 24 make an exception in the case. 25 D) Requests to be Excused: Parties may only be excused from attending the settlement 26 conference in person upon written authorization from Magistrate Judge James. Any such 27 request must be filed as a motion and proposed order at least 14 days in advance of the 28 2 1 conference. 2 E) Rescheduling: To reschedule a settlement conference, counsel shall contact the Courtroom 3 Deputy, Rose Maher, at (415) 522-4708, preferably at least seven days from the conference 4 but as far in advance as possible to obtain a new date. Counsel shall confirm the new date and 5 time with opposing counsel and thereafter file a stipulation and proposed order which sets 6 forth the new date and time of the settlement conference. The parties are advised that the 7 original settlement conference date will remain on calendar unless they receive an order from 8 the Court. 9 F) Submission of Settlement Conference Statements: Each party shall prepare a Settlement Conference Statement, which shall comply with the guidelines listed below. 11 1) The statements must be LODGED with the Clerk’s Office (NOT electronically filed) 12 For the Northern District of California UNITED STATES DISTRICT COURT 10 no later than seven (7) calendar days prior to the conference. Statements shall be 13 submitted in a sealed envelope to the Clerk’s Office, located at 450 Golden Gate 14 Avenue, 16th Floor, P.O. Box 36060, San Francisco, California 94102. Envelopes 15 should be prominently marked “CONFIDENTIAL - SETTLEMENT 16 CONFERENCE STATEMENT - DO NOT FILE.” 17 2) format to 18 19 Each party shall submit their Settlement Conference Statement in Word or Adobe pdf 3) Although the parties do not need to exchange statements, they are encouraged to do so. 20 If statements are exchanged, any party may submit a separate confidential settlement 21 letter to the Court not to exceed three (3) pages. The contents of this letter will not be 22 disclosed to the other parties. 23 G) Content of Settlement Conference Statements: The form and content of the statement may 24 vary depending on the case. Generally, the statement shall include the following: 25 1) Statement of Facts: A description of the facts giving rise to the case. 26 2) Summary of Proceedings: A summary of the proceedings to date. 27 3) Undisputed Matters: A statement of all material facts not in dispute. 28 3 1 4) Disputed Issues of Fact: A statement of disputed material facts. 2 5) Disputed Issues of Law: A statement of the disputed points of law, including reference 3 to specific statutes and decisions relied upon. Extended legal argument is not 4 appropriate nor required. Reference may be made to Points and Authorities previously 5 filed. 6 6) damages sought and a breakdown of the estimated cost if the case proceeds to trial. 7 8 7) 9 10 8) For the Northern District of California UNITED STATES DISTRICT COURT Settlement Analysis: A forthright evaluation of the strengths and weaknesses of your case and the probabilities of prevailing on the major issues in dispute. 9) 13 14 Prior Settlement Discussions: A chronological summary of prior settlement negotiations, including settlement offers and responses thereto. 11 12 Relief Sought: A statement of the relief sought, including an itemization of all Discrete Issues: Identify and prioritize any discrete issues which, if resolved, would aid in the disposition of the case. 10) Current Settlement Position: Set forth a reasonable proposal of settlement. 15 16 IT IS SO ORDERED. 17 18 Dated: January 7, 2015 _______________________________ Maria-Elena James United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 4

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