Corona v. City of Clovis et al

Filing 110

AMENDED ORDER Setting Settlement Conference by Chief Magistrate Judge Carmen E. Garza. The Settlement Conference will now be conducted via Zoom. (ag)

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Case 2:17-cv-00805-JCH-CG Document 110 Filed 07/16/20 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JORGE RAY CORONA, Plaintiff, v. CV No. 17-805 JCH/CG CITY OF CLOVIS, et al., Defendants. AMENDED ORDER SETTING TELEPHONIC STATUS CONFERENCE AND SETTLEMENT CONFERENCE To facilitate a final disposition of this case, a mandatory settlement conference will be conducted in accordance with Federal Rule of Civil Procedure 16(a)(5). Due to the ongoing uncertainty created by the Covid-19 pandemic, and the likelihood that the need for social distancing will continue through the date of the scheduled settlement conference in this case, the Court will hold the upcoming settlement conference via Zoom. The conference will be held on August 17, 2020, at 9:00 a.m. A telephonic status conference will be held on August 4, 2020, at 2:00 p.m. to discuss the parties’ positions. IT IS HEREBY ORDERED that the parties and a designated representative, other than counsel of record, with full authority to resolve the case, must attend in person; counsel who will try the case must also attend in person. All attorneys and parties involved in the settlement conference must treat as confidential the information discussed, positions taken, and offers made by other participants in preparation for and Case 2:17-cv-00805-JCH-CG Document 110 Filed 07/16/20 Page 2 of 4 during the conference.1 IT IS FURTHER ORDERED that: 1. By July 14, 2020, Plaintiffs’ counsel shall serve on Defendant’s counsel a concise letter that sets forth a settlement demand itemizing the principle supporting damages or other relief that Plaintiffs assert would appropriately be granted at trial. 2. By July 21, 2020, Defendant’s counsel shall serve on Plaintiffs’ counsel a concise letter that sets forth a response to the settlement demand. 3. By July 28, 2020, each party shall provide to the Court: a. A copy of each letter that was sent to an opposing party; b. A confidential, concise letter containing an analysis of the strengths and weaknesses of its case; and c. Any video or audio recordings of the incident upon which this action is based. d. This letter should also contain the email addresses and phone numbers for all participants in the settlement conference. This contact information will be used to send the invitation to attend the settlement conference via Zoom. These materials may be submitted to the Court by email: garzaschambers@nmd.uscourts.gov 4. Each of these letters typically should be five (5) pages or fewer, and counsel will ensure that each party reads the opposing party’s letter before the settlement conference. 5. Before August 4, 2020, counsel shall confer with one another about their clients’ respective positions. 6. On August 4, 2020, at 2:00 p.m., counsel shall call Judge Garza’s AT&T line at (877) 810-9415, follow the prompts, and enter access code 7467959, for a pre-settlement telephonic status conference 1. This does not prohibit disclosures stipulated to by the parties, necessary in proceedings to determine the existence of a binding settlement agreement, or as otherwise required by law. 2 Case 2:17-cv-00805-JCH-CG Document 110 Filed 07/16/20 Page 3 of 4 A party must show good cause to vacate or reschedule the settlement conference. Any such request must provide the Court with sufficient notice to ensure that other matters may be scheduled in the time allotted for the settlement conference. IT IS SO ORDERED. THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE 3 Case 2:17-cv-00805-JCH-CG Document 110 Filed 07/16/20 Page 4 of 4 Participating via Zoom In order to participate via Zoom, each of you (and any other individual participating) will need to have the Zoom app installed on your computer or smart phone. You can download the app for free at https://zoom.us. Zoom device requirements: 1. An internet-enabled device with a camera and mic, such as a tablet, smartphone, or computer. 2. An internet connection – broadband wired or wireless (3G or 4G/LTE). 3. Speakers and a microphone – built-in or USB plug-in or wireless Bluetooth. 4. A webcam or HD webcam – built-in or USB plug-in. If you’ve never used Zoom before, please review the following short instructional videos to become acquainted with the basics: 1. How to Join a Meeting 2. Joining & Configuring Audio & Video 3. If you receive a message that you are waiting for the host to start this meeting, it means that the host has not started the meeting. You have successfully connected to Zoom, and the meeting will begin as soon as the host starts the session. If there is some reason you or your client cannot participate via Zoom, then please contact Chambers at garzaschambers@nmd.uscourts.gov or call (575) 5281670 to discuss options. 4

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