Winkfield v. Childrens Hospital Oakland et al

Filing 11

Order Setting Settlement Conference before Magistrate Judge. Signed by Magistrate Judge Donna M. Ryu on 01/02/14. (dmrlc2, COURT STAFF) (Filed on 1/2/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LATASHA WINKFIELD,

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Plaintiff(s),
v.

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For the Northern District of California

United States District Court

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NOTICE OF SETTLEMENT
CONFERENCE AND SETTLEMENT
CONFERENCE ORDER
(Rev. 3/26/13)

CHILDRENS HOSPITAL OAKLAND,

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No. C-13-05993-SBA (DMR)

Defendant(s).
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TO ALL PARTIES AND COUNSEL OF RECORD:

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The above matter was referred to Magistrate Judge Donna M. Ryu for settlement purposes.

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You are hereby notified that a settlement conference is scheduled for January 3, 2014 at

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11:00 a.m., in Courtroom 4, Third Floor of the U.S. District Court, 1301 Clay Street, Oakland,

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California 94612.

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A.

Confidential Settlement Letters

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By no later than 5:00 p.m. today, counsel shall submit, but not file or serve a copy of a

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Confidential Settlement Letter by emailing the letter to Judge Ryu at [e-mail].

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The Confidential Settlement Letter shall not exceed five (5) pages of text. The Confidential

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Settlement Letter shall include 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 principal claims and defenses, with a forthright

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evaluation of the strengths and weaknesses of each claim/defense, including

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citations to any key legal authorities.

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c.

A realistic settlement figure or terms (including any non-monetary terms) that,

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given all the circumstances, the party submitting the Confidential Letter

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would consider seriously.

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d.

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settlement, or special concerns that the insurer or entity might want addressed.

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e.

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Any foreseeable barriers to insurance coverage or approval of a proposed

A list of the names, titles, and positions of all persons who will be attending
the conference.

B.

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Mandatory Personal Attendance.
Lead trial counsel shall appear at the settlement conference with the parties and with the

person(s) having full authority to make the final decision as to whether any settlement offer is

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For the Northern District of California

United States District Court

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made, accepted, or rejected (if full authority does not rest with the party). A person who needs to

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call another person not present before making, accepting, or rejecting any settlement offer does not

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have such full authority. If a party is a governmental entity, its governing body shall designate one

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of its members or a senior executive to appear at the settlement conference with authority to

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participate in the settlement conference and, if a tentative settlement agreement is reached, to

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recommend the agreement to the governmental entity for its approval. An insured party shall

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appear with a representative of the carrier with full authority to negotiate up to the limits of

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coverage.

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Personal attendance is mandatory and will rarely be excused by the Court, and then only

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upon a written request that is timely under the circumstances and that demonstrates extraordinary

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hardship. Personal attendance may be excused only upon written authorization from the Court. If

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the Court permits attendance by telephone, the person who is excused from personally appearing

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must be available to participate by telephone throughout the entire conference.

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C.

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Duration and Content of Settlement Conference.
Parties and their representatives should be prepared to devote the entire day to the conference

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if necessary. Parties are encouraged to participate in the settlement conference and frankly discuss

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their case. Statements they make during the conference will not be admissible at trial in the event

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the case does not settle. The parties and their representatives should be prepared to discuss such

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issues as their settlement objectives; any impediments to settlement they perceive; whether they

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have enough information to discuss settlement and if not, what additional information is needed; and

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the possibility of a creative resolution of the dispute.

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Any failure to comply with the requirements of this Order may subject the parties and/or
counsel to sanctions.
IT IS SO ORDERED.
Dated: January 2, 2014

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DONNA M. RYU
United States Magistrate Judge

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For the Northern District of California

United States District Court

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