Automotive Industries Pension Trust Fund et al v. Bayshore International Trucks, Inc. et al

Filing 37

AMENDED NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE. Settlement Conference reset for 8/11/2015 09:30 AM in Courtroom F, 15th Floor, San Francisco. Signed by Magistrate Judge Jacqueline Scott Corley on 5/11/2015. (ahmS, COURT STAFF) (Filed on 5/11/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AUTOMOTIVE INDUSTRIES PENSION
TRUST FUND, et al.,
Plaintiffs,

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AMENDED NOTICE AND ORDER
REGARDING SETTLEMENT
CONFERENCE

v.

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Case No. 15-cv-00326-JD (JSC)

BAYSHORE INTERNATIONAL TRUCKS,
INC., et al.,

United States District Court
Northern District of California

Defendants.
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TO ALL PARTIES AND COUNSEL OF RECORD:
The above matter was referred to Magistrate Judge Jacqueline Scott Corley for

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settlement purposes.
You are hereby notified that a Settlement Conference is scheduled for August 11, 2015, at
9:30 a.m., in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue, San

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Francisco, California 94102.
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Counsel shall ensure that whatever discovery is needed for all sides to evaluate the

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case for settlement purposes is completed by the date of the Settlement Conference. Counsel shall

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cooperate in providing discovery informally and expeditiously.

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2.

Lead trial counsel shall appear at the Settlement Conference with the parties. Any

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party who is not a natural person shall be represented by the person(s) with unlimited authority to

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negotiate a settlement. An insured party shall appear with a representative of the carrier with full

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authority to negotiate up to the limits of coverage. A person who needs to call another person not

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

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3.

Personal attendance of a party representative will rarely be excused by the Court.

To seek to excuse a party from personally attending a settlement conference, counsel for that party

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shall meet and confer with counsel for all other parties to determine if there are any objections to

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the moving party’s absence. Counsel must then lodge a letter with the Court, with copies to all

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parties, seeking to excuse the party’s participation. The letter shall recite the reasons for seeking

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the party’s absence, as well as whether the other parties agree or object to the request and the

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

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lodging of the Settlement Conference Statement.

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4.

At least two weeks before the Settlement Conference, Plaintiff shall make a

demand on Defendants.
5.

Each party shall prepare a Settlement Conference Statement, which must be

LODGED with the undersigned’s Chambers (NOT electronically filed) no later than seven (7)

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United States District Court
Northern District of California

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calendar days prior to the conference. Please 3-hole punch the document at the left side.

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6.

Each party shall also submit their Settlement Conference Statement in .pdf format

and email their statement to [e-mail].
7.

The Settlement Conference Statement shall be served on opposing counsel. Any

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party may submit an additional confidential statement to the Court. The contents of this

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confidential statement will not be disclosed to the other parties.

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8.

The Settlement Conference Statement shall include at least 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 claims and defenses including, but not limited to,

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statutory or other grounds upon which the claims are founded, and a candid

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evaluation of the parties’ likelihood of prevailing on the claims and defenses;

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and a description of the major issues in dispute.

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c. A summary of the proceedings to date and any pending motions.

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d. The relief sought.

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e. Any discrete issue that, if resolved, would facilitate the resolution of the case.

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f. The party’s position on settlement, including present demands and offers and a
history of past settlement discussions.

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9.

The parties shall notify Chambers immediately at [phone] if this case settles
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prior to the date set for the Settlement Conference.
IT IS SO ORDERED.
Dated: May 11, 2015
______________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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