Filed: Jan. 22, 2020
Latest Update: Jan. 22, 2020
Summary: ORDER RE SETTLEMENT CONFERENCE AND RELATED CROSS ACTION JENNIFER L. THURSTON , Magistrate Judge . The Court has been advised that the parties wish to engage in a court-sponsored settlement conference and has set the matter on March 19, 2020. 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 rea
Summary: ORDER RE SETTLEMENT CONFERENCE AND RELATED CROSS ACTION JENNIFER L. THURSTON , Magistrate Judge . The Court has been advised that the parties wish to engage in a court-sponsored settlement conference and has set the matter on March 19, 2020. 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 reas..
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ORDER RE SETTLEMENT CONFERENCE AND RELATED CROSS ACTION
JENNIFER L. THURSTON, Magistrate Judge.
The Court has been advised that the parties wish to engage in a court-sponsored settlement conference and has set the matter on March 19, 2020.
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 reasonable terms1 discussed 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.
At least 21 days before the settlement conference, Plaintiff SHALL submit to the claimants 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. Thereafter, no later than 14 days before the settlement conference, the claimants 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. The parties SHALL continue to exchange offers until doing so is no longer fruitful.
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 need not be filed on the court docket.
CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT
At least five court days before the settlement conference, the parties shall submit, directly to Judge Thurston's chambers by e-mail to JLTOrders@caed.uscourts.gov, a confidential settlement conference statement. If the party wishes the statement to remain confidential, the party should not file the statement with the Clerk of the Court or serve it on any other party. 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.
