The opinion of the court was delivered by: Richard Seeborg United States Magistrate Judge
SETTLEMENT CONFERENCE ORDER
TO ALL PARTIES AND COUNSEL OF RECORD: The above matter was referred to Magistrate Judge Richard Seeborg for Settlement Conference. You are hereby notified that the conference is scheduled for February 10, 2009 at 9:30 a.m. in Courtroom 4, United States Courthouse, 280 S. First Street, San Jose, California. Lead trial counsel shall appear at the Settlement Conference with the parties and with the person or persons having full authority to negotiate and to settle the case. In all cases in which a party is insured, the carrier's claims representative and attorney, if any, with full authority to negotiate up to the limits of coverage shall also attend the Settlement Conference.
Personal attendance by counsel will not be excused under any circumstances and personal attendance by a party will rarely be excused. Permission for a party to attend by telephone may be granted upon written request made at least ten (10) calendar days in advance of the conference, if the party lives and works outside of the Northern District of California and attendance would constitute a hardship. The nature of the hardship must be explained. A copy of the written request must be served on all other parties. Any objection to the request must be submitted within forty-eight (48) hours of receipt. Both the request and objection may be submitted in letter form either by mail or facsimile to 408/535-5354. If telephone attendance is allowed, the party must be available throughout the entire conference.
No later than seven (7) calendar days before the Settlement Conference, each party shall submit a Settlement Conference Statement to Magistrate Judge Seeborg. The original Settlement Conference Statement (no copies are necessary) shall be placed in a sealed envelope, clearly marked "Confidential: Settlement Conference Statement; Attn: Clerk for Magistrate Judge Seeborg," and lodged with the Clerk's office, Room 2112 on the second floor of the United States Courthouse, 280 South First Street, San Jose, California. The clerk will forward the Settlement Conference Statement to Magistrate Judge Seeborg's chambers. The Settlement Conference Statement shall not be filed with the Court nor are the parties required to serve the Statement upon the other parties or their counsel.
The form and content of the Settlement Conference Statement may vary depending upon the nature of the case, the stage of the proceedings or timing of the conference, and economic considerations. Generally, the Settlement Conference Statement should include the following information:
A brief description of the substance of the claims and defenses presented.
2. Summary of Proceedings
A brief list of the motions previously made, the dispositions thereof, and any motions pending resolution.
A plain and concise statement of all material facts not reasonably disputable.
A plain and concise statement of the major factual ...