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Fisher v. Houser

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 27, 2010

KENNETH FISHER, PLAINTIFF,
v.
SAN DIEGO COUNTY DEPUTY SHERIFFS JEFFREY HOUSER AND CHRIS HYDAR, DEFENDANTS.

The opinion of the court was delivered by: Barbara L. Major United States Magistrate Judge

ORDER GRANTING JOINT MOTION AND CONVERTING EARLY NEUTRAL EVALUATION CONFERENCE TO TELEPHONIC, ATTORNEYS-ONLY CONFERENCE [Doc. No. 5]

On January 25, 2010, the parties submitted a joint motion to continue the Early Neutral Evaluation Conference ("ENE") currently set for February 24, 2010. Doc. No. 5. In support, Plaintiff's counsel states that he is scheduled to begin a jury trial in an unrelated case on February 23, 2010. Id. The motion is GRANTED as follows:

The February 24, 2010 ENE is VACATED. An attorneys-only, telephonic ENE is set for March 1, 2010 at 9:00 a.m. The Court will initiate the conference call. Failure to participate may result in the imposition of sanctions.

As set forth in the Court's January 22, 2010 order (Doc. No. 4), confidential ENE statements are required. No later than five (5) court days prior to the ENE, the parties shall submit confidential statements no more than ten (10) pages*fn1 in length directly to the chambers of the Honorable Barbara L. Major. These confidential statements shall not be filed or served on opposing counsel. Each party's confidential statement must include the following:

a. A brief description of the case, the claims and/or counterclaims asserted, and the applicable defenses or position regarding the asserted claims;

b. A specific and current demand or offer for settlement addressing all relief or remedies sought. If a specific demand or offer for settlement cannot be made at the time the brief is submitted, then the reasons therefore must be stated along with a statement as to when the party will be in a position to state a demand or make an offer; and

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

General statements that a party will "negotiate in good faith" is not a specific demand or offer contemplated by this Order. It is assumed that all parties will negotiate in good faith.

IT IS SO ORDERED.


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