McLemore et al v. Marin Housing Authority et al

Filing 42

ORDER REGARDING FURTHER SETTLEMENT CONFERENCE. The parties shall strictly adhere to this order pertaining to the 1/23/2023 further settlement conference. Signed by Judge Kandis A. Westmore on 11/18/2022. (kawlc1, COURT STAFF) (Filed on 11/18/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

ROYCE MCLEMORE,

Case No. 3:20-cv-05431-JD (KAW)

8

Plaintiff,

ORDER REGARDING FURTHER
SETTLEMENT CONFERENCE

v.

United States District Court
Northern District of California

9

Re: Dkt. No. 41

10

MARIN HOUSING AUTHORITY, et al.,

11

Defendants.

12
13

A further settlement conference has been set for January 23, 2023 at 3:00 PM via Zoom.

14

(Clerk’s Notice, Dkt. No. 41.) The parties are directed to review the undersigned’s Settlement

15

Conference Standing Order, which applies to this proceeding. Additionally, to assist the parties in

16

their preparation, and to ensure that the further settlement conference is productive, the Court

17

provides the following instructions pertaining to the forthcoming submissions and sets intervening

18

deadlines:

19

A.

20

As previously set, the parties must lodge hard and soft copies of their settlement

21

conference submissions and the draft remediation plan by Monday, January 9, 2022. (Clerk’s

22

Notice, Dkt. No. 41.) The parties are advised that the Oakland Clerk’s Office closes at 1:00 PM,

23

but that they may utilize the drop box in the lobby until 5:00 PM.

24

Deadline for Submission to the Court

The hard copies must have all exhibits tabbed. The soft copies must be in a single PDF

25

with all attachments labeled and bookmarked for ease of use. The settlement conference will be

26

vacated if the parties fail to timely lodge both the hard and soft copies of their submissions or if

27

the submissions fail to comply with this order or the Settlement Conference Standing Order.

28

1

B.

2

As set forth in the Court’s Settlement Conference Standing Order, the parties shall only

3

provide updated statements and confidential letters “to inform the Court of the status of the action

4

and any developments that have occurred since the last settlement conference.” (Judge

5

Westmore’s Settlement Conference Standing Order ¶ 10.) They should not restate previously

6

provided information or include any documents already provided in connection with the initial

7

settlement conference. The undersigned does not have the judicial resources to compare the

8

updated statements to the prior statements.
That said, in order to conserve limited judicial resources, the undersigned will not review

9

United States District Court
Northern District of California

Prior Submissions

10

the submissions provided by the parties in connection with the further settlement conferences that

11

did not go forward (October 4, 2022 and November 29, 2022). Any relevant documents that were

12

first provided in connection with those proceedings must be lodged again and in accordance with

13

the instructions below.

14

C.

15

To streamline the parties’ submissions, the Court will require that they do the following:

16

1. Updated Demand: Plaintiff shall serve an updated demand on Defendants on or

17

before December 14, 2022. The demand must explain how the amounts were

18

calculated, including providing authority in support of all claimed damages, including

19

emotional distress.

Documents and Deadlines

2. Counter: Defendants shall respond to Plaintiff’s updated demand by December 21,

20

2022.

21
22

3. Draft Remediation Plan: Defendants shall prepare a robust draft remediation plan,

23

with only those supporting documents1 attached that the undersigned would truly

24
25
26
27
28

1

The undersigned’s Settlement Conference Standing Order generally limits the parties to 20 pages
of exhibits. This requires the parties to be very selective in what they choose to provide, and it
may require Defendants to summarize documents that are not provided in the draft remediation
plan and create a comprehensive remediation plan document. The Court will not review exhibits in
the manner submitted by the parties on November 17, 2022, which did not comply with the
Settlement Conference Standing Order or the instructions provided on the docket. (See Dkt. Nos.
38 & 39.)
2

1

benefit from reviewing in connection with the further settlement conference. Each

2

exhibit must be referenced in the remediation plan, and all such references must cite to

3

a specific page number in the exhibit. There shall also be a document appendix before

4

the attached exhibits that provides the page of the remediation plan where the exhibit is

5

cited. Defendants shall provide Plaintiff with the draft plan at the time the counteroffer

6

is made, which shall be no later than December 21, 2022. Plaintiff will then address

7

the substance of the draft remediation plan in the updated exchanged statement.

8

4. Meet and Confer Requirement: The parties shall meet and confer, as required by

United States District Court
Northern District of California

9

Para. 3 of the Settlement Conference Standing Order, by January 4, 2023.

10

5. Updated Exchanged Statements: By January 9, 2023, the parties shall exchange

11

updated statements in accordance with the Settlement Conference Standing Order.

12

(Judge Westmore’s Settlement Conference Standing Order ¶¶ 6-7, 10.) This shall be

13

limited to any developments since the initial session in August, the party’s current

14

settlement position (demand or counter), and any additional documents the parties want

15

the undersigned to review. All exhibits shall be cited to in statement along with a pin

16

cite to the page to which it is referring. As provided above, Plaintiff shall also address

17

the draft remediation plan in the updated statement.

18

6. Confidential Letters: By January 9, 2023, the parties shall lodge confidential letters

19

containing any additional information, as required by Paras. 7 and 10 of the Settlement

20

Conference Standing Order. Again, any attached exhibits must be referenced in the

21

letter. These letters should not be exchanged with the opposing party.

22
23

IT IS SO ORDERED.
Dated: November 18, 2022
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

24
25
26
27
28
3