Doe v. AT&T Western Disability Benefits Program

Filing 43

AMENDED NOTICE OF SETTLEMENTCONFERENCE AND SETTLEMENTCONFERENCE ORDER. Signed by Magistrate Judge Jacqueline Scott Corley on 5/16/2012. (ahm, COURT STAFF) (Filed on 5/16/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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John Doe,

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For the Northern District of California

United States District Court

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No. C11-4603 DMR (JSC)
Plaintiff(s),
AMENDED NOTICE OF SETTLEMENT
CONFERENCE AND SETTLEMENT
CONFERENCE ORDER

v.
AT&T Umbrella Benefit Plan No. 1,

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Defendant(s).
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TO ALL PARTIES AND COUNSEL OF RECORD:
The above matter was referred to Magistrate Judge Jacqueline Scott Corley for settlement
purposes.
You are hereby notified that a Settlement Conference is scheduled for June 5, 2012, at 10:30

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a.m., in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco,

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California 94102.

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1.

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

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

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

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

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

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absence, as well as whether the other parties agree or object to the request and the reasons for any

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objection. The application to excuse a party must be lodged no later than the lodging of the

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Settlement Conference Statement.

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4.

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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For the Northern District of California

United States District Court

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

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Each party shall also submit their Settlement Conference Statement in .pdf format and email
their statement to [e-mail].
5.

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 confidential

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statement will not be disclosed to the other parties.

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6.

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 evaluation of the parties’

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likelihood of prevailing on the claims and defenses; 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

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a history of past settlement discussions.
7.

The parties shall notify Chambers immediately at [phone] if this case settles

prior to the date set for the Settlement Conference.

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IT IS SO ORDERED.

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Dated: May 16, 2012

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Jacqueline Scott Corley
United States Magistrate Judge

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For the Northern District of California

United States District Court

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