Affiliated FM Insurance Company v. Earthquake Enterprises, Inc.

Filing 37

ORDER REQUIRING DEMAND AND RESPONSE AND MEET-AND-CONFER ABOUT TIMING OF SETTLEMENT CONFERENCE IN LIGHT OF PENDING DISCOVERY REQUEST RE TESTING OF GLUE (JUDGE BEELER, COURT STAFF) (Filed on 9/29/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
AFFILIATED FM INSURANCE
COMPANY,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,

No. C 11-04925 LB
ORDER REGARDING OCTOBER 2,
2012 SETTLEMENT CONFERENCE

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v.
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EARTHQUAKE ENTERPRISES, INC.
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Defendant.
_____________________________________/

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The court thanks the parties for their settlement conference statements for the settlement

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conference scheduled for Tuesday, October 2, 2012, at 9:30 p.m. The statements do not comply

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with the court’s required procedures about making a demand (and responding to it) before the

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settlement conference. See 6/1812 Order, ECF No. 30 at 4 (demand and response before

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conference). Plaintiff must make a demand to Defendant as soon as possible and at least by 1 p.m.

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on Monday, October 1, 2012. If that demand is the amount on page 8 of the settlement statement,

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Plaintiff need say only that. Defendant must respond to that demand as soon as possible and at least

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by 6 p.m. on Monday, October 1, 2012. The parties must email the court with their positions (to

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[e-mail]) at the same time they communicate with each other.

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The other issue is that the parties have a joint discovery letter pending with Judge Ryu about

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testing of glue from the failed and original pipes. See 9/24/12 Joint Letter, ECF No. 33. Given the

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nature of the dispute, it may be that it is relevant to the parties’ settlement analysis. If this is true,
C 11-04925 LB
ORDER

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then a settlement conference is not necessarily productive. The parties are directed to meet and

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confer by telephone by noon on Monday, October 1, 2012, about the timing of the settlement

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conference. If they need to resolve the discovery dispute and testing issue first, then the court can

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accommodate a rescheduled settlement conference within the time period set by Judge Ryu. The

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parties must notify the court by email to the court’s orders box about their positions and must follow

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up with a call to courtroom deputy Lashanda Scott at 415-522-3140. The court would prefer not to

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have a settlement conference that is not productive for both parties.

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If the parties delay the settlement conference, they may postpone the demand/response process

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until after the discovery dispute is resolved and any testing is done. But the court requires a demand

rescheduled settlement conference. Also, if the parties reschedule the settlement conference for any

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For the Northern District of California

and a response, and the parties should provide it to the court at least two business days before any

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UNITED STATES DISTRICT COURT

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testing, they should submit updated settlement conference statements with only new information

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(and not any repeating of previously-submitted information) by email at least two business days

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before the rescheduled conference.

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IT IS SO ORDERED.

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Dated: September 29, 2012

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_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 11-04925 LB
ORDER

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