Sheet Metal Workers Pension Trust of Northern California; and its Board of Trustees et al v. Trayer Engineering Corporation

Filing 42

NOTICE of Settlement Conference and Settlement Conference Order by Magistrate Judge Elizabeth D. Laporte. A Settlement Conference is set for 8/4/2016 at 9:30 AM in Courtroom E, 15th Floor, San Francisco. (shyS, COURT STAFF) (Filed on 5/13/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHEET METAL WORKERS PENSION
TRUST OF NORTHERN CALIFORNIA,
etc., et al.,
Plaintiffs,

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v.
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United States District Court
Northern District of California

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Case No. 3:15-cv-04234 LB (EDL)
NOTICE OF SETTLEMENT
CONFERENCE AND SETTLEMENT
CONFERENCE ORDER

TRAYER ENGINEERING
CORPORATION,
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

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purposes. You are hereby notified that a settlement conference is scheduled for August 4, 2016 at

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9:30 a.m., at the U.S. District Court, 450 Golden Gate Avenue, 15th floor, Courtroom E, San

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Francisco, CA 94102.

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If the parties and counsel are not available on that date, or if they believe that a settlement

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conference would be more productive at a different time, counsel must confer on new potential

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date(s) and then contact courtroom deputy Stephen Ybarra within one week of the date of this

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order at 415-522-3694. The parties should be mindful of any time limits set by the district court.

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

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

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Counsel shall cooperate in providing discovery informally and expeditiously.

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A.

Meet and Confer Requirement and Option to Request Pre-Settlement Conference

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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

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

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

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discuss the following:
1. Who will attend the conference on behalf of each party, including counsel and

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identification of the person(s) with full authority to make the final decision as to whether

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any settlement offer is made, accepted, or rejected (e.g., the party, and another person(s) if

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full authority does not rest with the party).
2. Which persons or entities must approve a proposed settlement agreement before it can be

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executed, as well as the nature and duration of any such approval process.

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

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Northern District of California

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part of any party's defense; whether tenders have been made to any insurance companies;

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and if insurance is available, the name of and position held by each claims representative

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who will be attending the settlement conference.
4. Whether there are particular documents or other tangible things that should be brought to

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the conference (e.g., to educate the settlement judge or to support or explain significant

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contentions).
5. Any unusual issues or factors that could come into play in the settlement negotiations or

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

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

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

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representatives attend.) Counsel may arrange a pre-settlement conference call with

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Judge Laporte by 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

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

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supporting facts, and damages. Plaintiff must include its demand in its exchanged settlement
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conference statement. Defendant must include its response to the demand in its exchanged

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settlement conference statement.

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C.

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

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Laporte's chambers on the 15th floor.
1. Exchanged Settlement Conference Statements

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United States District Court
Northern District of California

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

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

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

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

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e. The bases for any damages calculations and a description of any nonmonetary

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relief sought or non-monetary components of settlement offers or demands.

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

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

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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 execute,

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

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2. Confidential Settlement Letters

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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

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the following:

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Northern District of California

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

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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

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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 and non-monetary terms)

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that, 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 barriers

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to insurance coverage or approval of a proposed settlement, or special concerns
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that the insurer or governmental entity might want addressed.

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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.

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D.

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

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made, 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

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

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Northern District of California

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participate in the settlement conference and, if a tentative settlement agreement is reached, to

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recommend the agreement to the governmental entity for its approval. An insured party shall

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

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

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settlement conference, counsel for the party shall meet and confer with counsel for all other parties

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

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

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letter shall recite the compelling reasons for seeking the party's absence, as well as whether the

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other parties agree or object to the request and the reasons for any objection. The application to

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excuse a party must be lodged no later than the lodging of the Settlement Conference Documents.

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If the Court permits attendance by telephone, the person who is excused from personally

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appearing must be available to participate by telephone throughout the entire conference.

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E.

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Duration and Content of Settlement Conference
It is not unusual for settlement conferences to last three (3) or more hours, or at times all

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

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if necessary. Parties are encouraged to participate in the settlement conference and frankly discuss
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their case. Statements they make during the conference will not be admissible in the event the

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case does not settle. See ADR L.R. 7-5. The parties and their representatives should be prepared

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to discuss such issues as their settlement objectives; and impediments to settlement that they

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

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

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F.

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

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

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

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the request. Any party who objects to the continuance should submit a written response within 2

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Northern District of California

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business days. Courtesy copies of any electronically filed documents must be delivered to

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chambers as provided in Civil L.R. 5-1(e)(7).

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The parties shall notify Magistrate Judge Laporte's Courtroom Deputy, Stephen Ybarra,
immediately at 415-522-3694 if this case settles prior to the date set for settlement conference.
Any failure to comply with the requirements of this Order may subject the parties and/or
counsel to sanctions.
IT IS SO ORDERED.
Dated: May 13, 2016
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ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE

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