Trujillo et al v. Campbell et al

Filing 183

MINUTE ORDER setting Settlement Conference for 9/26/2012 01:30 PM in Courtroom C204 before Magistrate Judge Kristen L. Mix by Magistrate Judge Kristen L. Mix on 9/12/12. (Attachments: # 1 Attachment 1) (dkals, )

INSTRUCTIONS FOR SETTLEMENT CONFERENCES AND
PREPARATION OF CONFIDENTIAL SETTLEMENT STATEMENTS (“CSS”)
for Submission to Magistrate Judge Mix
Effective February 1, 2012
I.

Introduction

I am sensitive to the demands placed on counsel by the varying requirements of our
court’s judicial officers. I carefully considered those demands before deciding that I must
revise my settlement conference procedures in order to maximize the efficient use of the
parties’, counsels’ and the court’s time, and to ensure the greatest possibility of success
in reaching mutually agreeable settlements. If you follow these instructions carefully, I will
be able to use my best efforts towards resolution of your case. On the other hand, if you
do not follow these instructions, I may require that you revise your CSS, or postpone or
cancel the settlement conference. Thank you for your cooperation.
II.

Settlement Conference Instructions

A. If the parties’ Confidential Settlement Statements and exhibits are not filed by the
deadline set by the Court, the settlement conference will be vacated and sanctions may
be imposed.
B. If any party does not follow Magistrate Judge Mix’s Instructions for Preparation
of Confidential Settlement Statements, the settlement conference will be vacated.
C. Extensions of the deadline to file Confidential Settlement Statements require a
showing of good cause and should be sought by telephone [phone]). Extensions
must be sought before the deadline expires.
D. Non-parties and non-party representatives, including relatives of parties, shall
not attend the settlement conference without prior written permission of the Court. Nonparties who attend without permission will be required to leave.
E. All named parties or party representatives shall attend the settlement conference
in person unless excused in advance by Order of the Court. A valid photo identification is
required for entry to the Courthouse.
F. Counsel and the parties should plan to remain at the settlement conference for
at least four hours after it begins. You will not be permitted to leave before that time for
any reason, unless excused by Magistrate Judge Mix. Travel arrangements should be
made accordingly.
G. Unfortunately, because the Court is a publicly funded non-profit entity and not
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a private for-profit enterprise, there is no budget for refreshments to be provided during the
settlement conference, and therefore none will be provided. Please DO NOT ask
Magistrate Judge Mix or her law clerks for refreshments. You may bring non-alcoholic
beverages to the settlement conference.
H. If you have obtained permission to have a party or party representative appear
by telephone, you must provide the telephone.
I. Interpreters are welcome, but must be provided at the party/parties’ expense.
J. Compliance with instructions stated herein is mandatory, unless written
permission to deviate from them is obtained in advance. Thank you for your cooperation.
III.

Confidentiality

In our court, in order to protect the integrity of the process, settlement conferences
are confidential. I take this policy very seriously. In conducting the settlement conference,
I will not use information provided in your CSS unless you explicitly authorize me to do so.
(When appropriate, I may suggest that you authorize me to disclose information.)
Therefore, please include in your CSS a designation of all information that you do not wish
me to share with the other party (parties) and/or counsel (see Section IV.E. iii. below). You
may not disclose information exchanged during the settlement conference to anyone who
is not a party to the litigation, counsel to a party, or counsel’s support staff.
IV.

Instructions Regarding Content of CSS

Please include the following information in your CSS, in separate paragraphs
corresponding to each letter below:
A.

An explanation of the facts of the case, computation of damages, and
recitation of appropriate legal authority supporting the claims or defenses.

B.

A numbered list of the known significant disputed issues of fact.

C.

A numbered list of the known significant disputed legal issues.

D.

An accurate and complete history of settlement negotiations, including dates
and amounts of demands and offers.

E.

An explanation of your preferences for how the settlement conference should
proceed. For example, you may address the following issues:
i.

Should each of the parties be physically separated, and why or why
not?
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ii.

Given your knowledge of the case and the parties, your assessment
of the most effective settlement conference method. Is the case more
likely to settle by using a back-and-forth negotiating process or
another method? Would a judicial evaluation of the merits of the case
and/or its value be helpful or harmful?

iii.

Designate all information that you do not wish me to share with the
other party (parties) and/or counsel.

F.

G.
V.

A good faith evaluation of the value of the case, considering the facts,
provable damages, damages limitations (if any), legal issues, witness
strengths and weaknesses, procedural status, timing of trial, comparable
case verdicts, and any other information you believe to be relevant, AND a
good faith explanation of why you value the case as you do.
A settlement demand or offer.

Instructions for Filing of CSS

If you participate in ECF, please e-mail the CSS in PDF format to my Chambers:
[e-mail]. All additional settlement materials (e.g. deposition
transcripts, exhibits, etc.) must be submitted to the Court in hard copies. Please mail or
deliver additional materials either to the Clerk of the Court or directly to me in an envelope
marked “Confidential and Private per Magistrate Judge Mix’s Order.” If you do not
participate in ECF, you should mail or deliver your CSS and additional materials as hard
copies, as instructed above.

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