Filed: Aug. 14, 2015
Latest Update: Aug. 14, 2015
Summary: STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT CONFERENCE (Doc. 23) JENNIFER L. THURSTON , Magistrate Judge . The parties through their respective counsel have agreed to conduct a Settlement Conference with Magistrate Judge Jennifer Thurston on August 25, 2015 at 1:30 p.m. in Courtroom 6. The parties have met and conferred and have agreed that the individual defendants: YANG, BOHIGIAN and MONPERE need not personally appear at the Settlement Conference. ORDER Based on the foregoing
Summary: STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT CONFERENCE (Doc. 23) JENNIFER L. THURSTON , Magistrate Judge . The parties through their respective counsel have agreed to conduct a Settlement Conference with Magistrate Judge Jennifer Thurston on August 25, 2015 at 1:30 p.m. in Courtroom 6. The parties have met and conferred and have agreed that the individual defendants: YANG, BOHIGIAN and MONPERE need not personally appear at the Settlement Conference. ORDER Based on the foregoing,..
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STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT CONFERENCE
(Doc. 23)
JENNIFER L. THURSTON, Magistrate Judge.
The parties through their respective counsel have agreed to conduct a Settlement Conference with Magistrate Judge Jennifer Thurston on August 25, 2015 at 1:30 p.m. in Courtroom 6. The parties have met and conferred and have agreed that the individual defendants: YANG, BOHIGIAN and MONPERE need not personally appear at the Settlement Conference.
ORDER
Based on the foregoing, the Court ORDERS:
1. A settlement conference is set on August 25, 2015 at 1:30 p.m. in Courtroom 6 before Magistrate Judge Jennifer Thurston;
2. 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 terms at the conference.1 Defendants YANG, BOHIGIAN and MONPERE need not personally appear at the Settlement Conference.
3. 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 19, 2015 at noon, Plaintiff SHALL submit to Defendant via fax or e-mail, a written itemization of damages and a meaningful2 settlement demand which includes a brief explanation of why such a settlement is appropriate;
b. Thereafter, no later than August 21, 2015 at noon, Defendant SHALL respond, via fax or e-mail, with an acceptance of the offer or with a meaningful counteroffer, which includes a brief explanation of why such a settlement is appropriate.
c. If settlement is not achieved, each party 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 August 24, 2015 at noon, the parties shall submit, directly to Judge Thurston's chambers by e-mail to JLTOrders@caed.uscourts.gov, a Confidential Settlement Conference Statement. 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. 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.
