American Maritime Officers v. American President Lines, LTD. et al

Filing 38

ORDER SCHEDULING SETTLEMENT CONFERENCE. Signed by Magistrate Judge Maria-Elena James on 6/3/2016. (rmm2S, COURT STAFF) (Filed on 6/3/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AMERICAN MARITIME OFFICERS, Case No. 16-cv-00861-EMC (MEJ) Plaintiff, 8 ORDER SCHEDULING SETTLEMENT CONFERENCE v. 9 10 United States District Court Northern District of California 11 AMERICAN PRESIDENT LINES, LTD., et al., Defendants. 12 13 This case has been referred for a Settlement Conference before Magistrate Judge Maria- 14 Elena James. If this case settles prior to the date of the Settlement Conference, the parties shall 15 immediately notify the Courtroom Deputy, Rose Maher, at (415) 522-4708. Counsel shall provide 16 a copy of this Order to each party who will participate in the conference. 17 The Settlement Conference shall take place on August 31, 2016, at 10:00 am in 18 Magistrate Judge James’s CHAMBERS (not the courtroom), located on the 15th Floor of the 19 Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102. On the date of the 20 settlement conference, the parties shall use the intercom adjacent to chambers’ security entrance to 21 notify the Court of their arrival. 22 It is not unusual for the conference to last three or more hours. All parties are encouraged 23 to participate and frankly discuss their case. Statements they make during the conference will not 24 be admissible at trial if the case does not settle. The parties should be prepared to discuss such 25 issues as: (1) their settlement objectives; (2) any impediments to settlement they perceive; (3) 26 whether they have enough information to discuss settlement and, if not, what additional 27 information is needed; and (4) the possibility of a creative resolution of the dispute. 28 In anticipation of the settlement conference, the parties shall comply with the following 1 requirements: 2 A) Discovery: It is the responsibility of counsel to ensure that whatever discovery is needed 3 for all sides to evaluate the case for settlement purposes is completed by the date of the 4 Settlement Conference. Counsel shall cooperate in providing discovery informally and 5 expeditiously. 6 B) Required Attendance: Lead trial counsel shall appear at the Settlement Conference with the 7 parties. Any party who is not a natural person shall be represented by the person(s) with 8 unlimited authority to negotiate a settlement. A person who needs to call another person 9 not present before agreeing to any settlement does not have full authority. 1) 10 Governmental Entity: If a party is a governmental entity, its governing body shall United States District Court Northern District of California 11 designate one of its members or a senior executive to participate in the conference 12 and, if a tentative settlement agreement is reached, to recommend the agreement to 13 the governmental entity for its approval. 2) 14 Insured Party: An insured party shall appear with a representative of the carrier 15 with full authority to negotiate up to the limits of coverage. Personal attendance of 16 a party representative will rarely be excused by the Court, and then only upon 17 separate written application demonstrating substantial hardship served on opposing 18 counsel and lodged as early as the basis for the hardship is known, but no later than 19 the due date of the Settlement Conference Statement. 20 C) Minors: No child under the age of 18 may attend the settlement conference without 21 obtaining an order from this Court allowing the child to attend. Any request for relief from 22 this Court’s policy must be made at least 14 days before the conference and must state 23 good cause for the Court to make an exception in the case. 24 D) Requests to be Excused: Parties may only be excused from attending the settlement 25 conference in person upon written authorization from Magistrate Judge James. Any such 26 request must be filed as a motion and proposed order at least 14 days in advance of the 27 conference. 28 E) Rescheduling: To reschedule a settlement conference, counsel shall contact the Courtroom 2 1 Deputy, Rose Maher, at (415) 522-4708, preferably at least seven days before the 2 conference but as far in advance as possible to obtain a new date. Counsel shall confirm 3 the new date and time with opposing counsel and thereafter file a stipulation and proposed 4 order that sets forth the new date and time of the settlement conference. The parties are 5 advised that the original settlement conference date will remain on calendar unless they 6 receive an order from the Court. 7 F) Submission of Settlement Conference Statements: Each party shall prepare a Settlement 8 Conference Statement, which shall comply with the guidelines listed below. 9 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 11 United States District Court Northern District of California 10 in a sealed envelope to the Clerk’s Office, located at 450 Golden Gate Avenue, 12 16th Floor, Box 36060, San Francisco, California 94102. Envelopes should be 13 prominently marked “CONFIDENTIAL SETTLEMENT CONFERENCE 14 STATEMENT - DO NOT FILE”. 2) 15 Each party shall also submit their Settlement Conference Statement in Word or pdf format to 16 3) 17 Although the parties do not need to exchange statements, they are encouraged to do 18 so. If statements are exchanged, any party may submit a separate confidential 19 settlement letter to the Court not to exceed three pages. The contents of this letter 20 will not be disclosed to the other parties. 21 G) Content of Settlement Conference Statements: The form and content of the statement may 22 vary depending on the case. Generally, the statement shall include the following: 23 1) Statement of Facts: A description of the facts giving rise to the case. 24 2) Summary of Proceedings: A summary of the proceedings to date. 25 3) Undisputed Matters: A statement of all material facts not in dispute. 26 4) Disputed Issues of Fact: A statement of disputed material facts. 27 5) Disputed Issues of Law: A statement of the disputed points of law, including 28 reference to specific statutes and decisions relied upon. Extended legal argument is 3 1 not appropriate or required. Reference may be made to Points and Authorities 2 previously filed. 3 6) damages sought and a breakdown of the estimated cost if the case proceeds to trial. 4 5 7) 8) Settlement Analysis: A forthright evaluation of the strengths and weaknesses of your case and the probabilities of prevailing on the major issues in dispute. 8 9 Prior Settlement Discussions: A chronological summary of prior settlement negotiations, including settlement offers and responses thereto. 6 7 Relief Sought: A statement of the relief sought, including an itemization of all 9) Discrete Issues: Identify and prioritize any discrete issues that, if resolved, would aid in the disposition of the case. 10 United States District Court Northern District of California 11 10) Current Settlement Position: Set forth a reasonable proposal of settlement. 12 IT IS SO ORDERED. 13 14 15 16 Dated: June 3, 2016 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 4

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