Affiliated FM Insurance Company v. Earthquake Enterprises, Inc.

Filing 37


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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco Division AFFILIATED FM INSURANCE COMPANY, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Plaintiff, No. C 11-04925 LB ORDER REGARDING OCTOBER 2, 2012 SETTLEMENT CONFERENCE 13 v. 14 EARTHQUAKE ENTERPRISES, INC. 15 16 Defendant. _____________________________________/ 17 The court thanks the parties for their settlement conference statements for the settlement 18 conference scheduled for Tuesday, October 2, 2012, at 9:30 p.m. The statements do not comply 19 with the court’s required procedures about making a demand (and responding to it) before the 20 settlement conference. See 6/1812 Order, ECF No. 30 at 4 (demand and response before 21 conference). Plaintiff must make a demand to Defendant as soon as possible and at least by 1 p.m. 22 on Monday, October 1, 2012. If that demand is the amount on page 8 of the settlement statement, 23 Plaintiff need say only that. Defendant must respond to that demand as soon as possible and at least 24 by 6 p.m. on Monday, October 1, 2012. The parties must email the court with their positions (to 25 at the same time they communicate with each other. 26 The other issue is that the parties have a joint discovery letter pending with Judge Ryu about 27 testing of glue from the failed and original pipes. See 9/24/12 Joint Letter, ECF No. 33. Given the 28 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 1 then a settlement conference is not necessarily productive. The parties are directed to meet and 2 confer by telephone by noon on Monday, October 1, 2012, about the timing of the settlement 3 conference. If they need to resolve the discovery dispute and testing issue first, then the court can 4 accommodate a rescheduled settlement conference within the time period set by Judge Ryu. The 5 parties must notify the court by email to the court’s orders box about their positions and must follow 6 up with a call to courtroom deputy Lashanda Scott at 415-522-3140. The court would prefer not to 7 have a settlement conference that is not productive for both parties. 8 If the parties delay the settlement conference, they may postpone the demand/response process 9 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 12 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 11 UNITED STATES DISTRICT COURT 10 testing, they should submit updated settlement conference statements with only new information 13 (and not any repeating of previously-submitted information) by email at least two business days 14 before the rescheduled conference. 15 IT IS SO ORDERED. 16 Dated: September 29, 2012 17 _______________________________ LAUREL BEELER United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 C 11-04925 LB ORDER 2

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