United States of America v. Wilson

Filing 17

AMENDED NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Telephone Conference set for 3/7/2016 11:00 AM in before Magistrate Judge Sallie Kim. Settlement Conference set for 3/17/2016 09:30 AM in Courtroom A, 15th Floor, San Francisco. Signed by Magistrate Judge Sallie Kim on 2/23/2016. Signed by Magistrate Judge Sallie Kim on 2/23/2016. (Amended to include telephone conference.)(mklS, COURT STAFF) (Filed on 2/23/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WILSON, Case No. 15-cv-02028-VC (SK) Plaintiff, 8 v. 9 10 UNITED STATES OF AMERICA, AMENDED NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER Defendant. United States District Court Northern District of California 11 12 TO ALL PARTIES AND COUNSEL OF RECORD: 13 The above matter was referred to Magistrate Judge Sallie Kim for settlement purposes. 14 You are hereby notified that a Settlement Conference is scheduled for March 17, 2016 at 15 9:30 a.m. in Courtroom A, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, 16 California 94102. The Court will hold a telephonic Conference in preparation for the Settlement 17 Conference on March 7, 2016 at 11:00 a.m. Counsel shall set up the call and email the Court at 18 skcrd@cand.uscourts.gov with the dial-in information by March 3, 2016. If the parties are unable 19 to participate in the telephonic scheduling conference on the date selected by the Court, the parties 20 shall meet and confer and provide to the email address above three mutually agreed upon dates 21 and times at which they will be available. 22 It is the responsibility of counsel to ensure that whatever discovery is needed for all sides 23 to evaluate the case for settlement purposes is completed by the date of the Settlement Conference. 24 Counsel shall cooperate in providing discovery informally and expeditiously. 25 Lead trial counsel shall appear at the Settlement Conference with the parties. Any party 26 who is not a natural person shall be represented by the person(s) with unlimited authority to 27 negotiate a settlement. A person who needs to call another person not present before agreeing to 28 any settlement does not have full authority. An insured party shall appear with a representative of 1 the carrier with full authority to negotiate up to the limits of coverage. Personal attendance of a 2 party representative will rarely be excused by the Court, and then only upon separate written 3 application demonstrating substantial hardship served on opposing counsel and lodged as early as 4 the basis for the hardship is known but no later than the Settlement Conference Statement. 5 Each party shall prepare a Settlement Conference Statement, which must be 6 LODGED with the undersigned’s Chambers (NOT electronically filed) no later than seven 7 (7) calendar days prior to the conference. Please 3-hole punch the document at the left side. 8 All parties shall also submit their Settlement Conference Statement in .pdf format 9 10 and email their statement to SKPO@cand.uscourts.gov. The Settlement Conference Statement need not be served on opposing counsel. The United States District Court Northern District of California 11 parties are encouraged, however, to exchange Settlement Conference Statements. The parties 12 should specify in their Settlement Conference Statement whether or not they served it on opposing 13 counsel. If Settlement Conference Statements are exchanged, any party may submit an additional 14 confidential settlement letter to the Court not to exceed three (3) pages. The contents of this 15 confidential settlement letter will not be disclosed to the other parties. 16 17 The Settlement Conference Statement shall not exceed ten (10) pages of text and twenty (20) pages of exhibits and shall include the following: 18 1. A brief statement of the facts of the case. 19 2. A brief statement of the claims and defenses including, but not limited to, statutory 20 or other grounds upon which the claims are founded and a candid evaluation of the 21 parties’ likelihood of prevailing on the claims and defenses. 22 3. A list of the key facts in dispute and a brief statement of the specific evidence relevant to a determination of those facts. 23 24 4. A summary of the proceedings to date and any pending motions. 25 5. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 26 27 6. The relief sought, including an itemization of damages. 28 7. The party’s position on settlement, including present demands and offers and a 2 history of past settlement discussions. 1 2 3 It is not unusual for the conference to last three (3) or more hours. The parties should be prepared to discuss such issues as: 4 1. Their settlement objectives. 5 2. Any impediments to settlement they perceive. 6 3. Whether they have enough information to discuss settlement. If not, what additional information is needed? 7 8 4. The possibility of a creative resolution of the dispute. 9 The parties shall notify Chambers immediately at (415) 522-2112 if this case settles prior to the date set for Settlement Conference. Counsel shall provide a copy of this order to each party 11 United States District Court Northern District of California 10 who will participate in the conference. 12 IT IS SO ORDERED. 13 Dated: February 23, 2016 14 ________________________ SALLIE KIM United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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