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Gotti v. Benitez

August 4, 2008

NONI GOTTI, PLAINTIFF, V.
GUILLERMO BENITEZ; ELIZABETH BENITEZ GARCIA DBA SAN YSIDRO AUTO SALES AND DOES 1 THROUGH 10,
DEFENDANTS.



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

NOTICE OF AND ORDER SETTING EARLY NEUTRAL EVALUATION CONFERENCE; ORDERING THE PARTIES TO MEET AND CONFER; AND ORDERING THE FILING OF A JOINT STATEMENT OF THE PARTIES

IT IS HEREBY ORDERED that an Early Neutral Evaluation of the above entitled action will be held on September 17, 2008 at 10:00 a.m. in the chambers of Judge Anthony J. Battaglia, US Courts Building, 940 Front St., Room 1145, San Diego, California.

Mandatory Pre-Conference Requirements

Plaintiff's counsel shall serve a copy of this Notice and Order on all defendants making an appearance after the date of this notice.

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

Based upon the Court's familiarity with these matters and in the interest of promoting the just, efficient and economical determination of this action, the Court issues the following orders at this time:

1. All formal discovery shall be stayed in this case until the completion of the Early Neutral Evaluation Conference set herein;

2. On or beforeAugust 20, 2008, Plaintiff's counsel shall lodge with Judge Battaglia's chambers (via e-mail at efile_battaglia@casd.uscourts.gov) and serve on opposing counsel a statement, not in excess of two pages, including:

a. An itemized list of the specific issues on the subject premises which are the basis of the claimed violations under the Americans with Disabilities Act;

b. A statement of the amount and category of damages claimed by Plaintiff in this action;

c. The amount claimed for attorney's fees and costs; and,

d. The Plaintiff's demand for settlement of the case in its entirety.

3. After service of Plaintiff's statement and no later than September 3, 2008, counsel for the parties, and any unrepresented parties, shall meet and confer in person at the subject premises regarding settlement of (1) the alleged premise violations, and (2) damages, costs and attorney fee claims. All counsel appearing in the case shall be responsible to make the arrangements for the conference. The meet and confer obligation cannot be satisfied by telephone or the exchange of letters. No later thanSeptember 10, 2008, counsel shall lodge with Judge Battaglia's chambers (via e-mail at efile_battaglia@casd.uscourts.gov) a joint statement certifying that the requiredin-person conferencebetween counsel has taken place and advising the Court of the status of settlement negotiations and setting forth all issues in dispute, including property issues, Plaintiff's alleged damages, and the claim for attorney's fees and costs, along with a description of any settlement demands and/or offers exchanged.

4. Plaintiff's counsel shall be prepared to present documentation to the Court, at the Early Neutral Evaluation Conference, to support the amount of attorney's ...


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