Filed: Jul. 27, 2015
Latest Update: Jul. 27, 2015
Summary: ORDER SETTING SETTLEMENT CONFERENCE JENNIFER L. THURSTON , Magistrate Judge . Based upon the request of Defendants, the Court sets a settlement conference on September 11, 2015 at 1:00 p.m. at Kern Valley State Prison, located at 3000 W. Cecil Avenue, Delano, CA. In addition, the Court ORDERS: 1. Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall appear at the Settlement Conference with the parties and the person or persons having full auth
Summary: ORDER SETTING SETTLEMENT CONFERENCE JENNIFER L. THURSTON , Magistrate Judge . Based upon the request of Defendants, the Court sets a settlement conference on September 11, 2015 at 1:00 p.m. at Kern Valley State Prison, located at 3000 W. Cecil Avenue, Delano, CA. In addition, the Court ORDERS: 1. Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall appear at the Settlement Conference with the parties and the person or persons having full autho..
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ORDER SETTING SETTLEMENT CONFERENCE
JENNIFER L. THURSTON, Magistrate Judge.
Based upon the request of Defendants, the Court sets a settlement conference on September 11, 2015 at 1:00 p.m. at Kern Valley State Prison, located at 3000 W. Cecil Avenue, Delano, CA.
In addition, the Court ORDERS:
1. Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall appear at the Settlement Conference with the parties and the person or persons having full authority to negotiate and settle the case on any terms1 at the conference. Consideration of settlement is a serious matter that requires preparation prior to the settlement conference. Set forth below are the procedures the Court will employ, absent good cause, in conducting the conference:
a. No later than August 21, 2015, Plaintiff SHALL submit to Defendant, a written itemization of damages and a meaningful settlement demand which includes a brief explanation of why such a settlement is appropriate;
b. Thereafter, no later than September 4, 2015, Defendants SHALL respond with an acceptance of the offer or with a meaningful2 counteroffer, which includes a brief explanation of why such a settlement is appropriate.
c. If settlement is not achieved, the parties SHALL attach copies of their settlement offers to their Confidential Settlement Conference Statement, as described below. Copies of these documents shall not be filed on the court docket.
d. No later than September 4, 2015, the parties shall submit, directly to Judge Thurston's chambers by e-mail to JLTOrders@caed.uscourts.gov, a Confidential Settlement Conference Statement or by mail to the United States Courthouse, 510 19th Street, Suite 200, Bakersfield, CA 93301. The statement should not be filed with the Clerk of the Court nor served on any other party, although the parties may file a Notice of Lodging of Settlement Conference Statement. Each statement shall be clearly marked "confidential" with the date and time of the Settlement Conference indicated prominently thereon;
e. The Confidential Settlement Conference Statement shall include the following:
A. A brief statement of the facts of the case;
B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on the claims and defenses; and a description of the major issues in dispute;
C. A summary of the proceedings to date;
D. An estimate of the cost and time to be expended for further discovery, pretrial and trial;
E. The relief sought;
F. The party's position on settlement, including present demands and offers and a history of past settlement discussions, offers and demands.
IT IS SO ORDERED.
