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McBride v. Jenny Craig

January 15, 2008

KIM MCBRIDE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, ET AL., PLAINTIFF,
v.
JENNY CRAIG, INC., A DELAWARE CORPORATION; JENNY CRAIG DIRECT, INC., A DELAWARE CORPORATION AND DOES 1 THROUGH DEFENDANTS.



The opinion of the court was delivered by: Hon. Anthony J. Battaglia U.S. Magistrate Judge

ORDER SETTING EARLY NEUTRAL EVALUATION CONFERENCE; BRIEFING SCHEDULE AND BRIEFING REQUIREMENTS

Pursuant to the Low Number Order transferring this case to Judge Battaglia, the Early Neutral Evaluation Conference scheduled before Judge Brooks on January 25, 2008 is hereby vacated and rescheduled on the calendar of Judge Battaglia for February 25, 2008 at 2:00 p.m.

Mandatory Appearance Requirements

Pursuant to Civil Local Rule 16.1.c of the Local Rules of the United States District Court for the Southern District of California, all counsel and each party, in addition to any other person(s) who has full and unlimited authority*fn1 to negotiate and enter into a binding settlement must appear in person at the conference and must be prepared to discuss the claims, defenses and damages. Governmental entities may appear through litigation counsel only. As to all other parties, appearance by litigation counsel only is not acceptable. The parties must be prepared to present demands and offers of settlement. The failure of any counsel, party or authorized person subject to this order to appear in person will result in the immediate imposition of sanctions. Sanctions will include, but will not be limited to, the attorneys' fees and travel costs of the other parties in the case. In addition, the conference will not proceed and will be reset to another date.

In cases where a party is incarcerated at the time of the scheduled conference, arrangements will be made for the incarcerated party to appear telephonically.

Preparing for the ENE

Plaintiff's counsel must give notice of the Early Neutral Evaluation conference to all defendants making an appearance after the date of this notice.

All conference discussions will be informal, off the record, privileged and confidential.

In preparation for the Early Neutral Evaluation Conference, plaintiff(s) must submit a settlement brief to chambers, through their counsel where applicable, by e-mail to efile_battaglia@casd.uscourts.gov AND serve it on all other counsel and any unrepresented parties by February 11, 2008.

Plaintiff(s) brief must include the following:

1. A brief description of the case and the claims asserted;

2. A specific and current demand for settlement addressing all relief or remedies sought. If a specific demand for settlement cannot be made at the time the brief is submitted, then the reasons therefor must be stated along with a statement as to when the plaintiff(s) will be in a position to state a demand; and

3. A brief description of any previous settlement negotiations, mediation sessions or mediation efforts.

Defendant(s) must submit a settlement brief to chambers, through counsel where applicable, by e-mail to efile_battaglia@casd.uscourts.gov and serve it on all other counsel and ...


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