The opinion of the court was delivered by: Maria-Elena James United States Magistrate Judge
ORDER SCHEDULING COURT OURT SETTLEMENT CONFERENCE
For the Northern District of California For the Northern District of California This case has been referred for a Settlement Conference before Magistrate Judge Maria-Elena S S James.
The Settlement Conference shall take place on Tuesday, May 28, 2013, at 10:00 a.m., in 19 Magistrate Judge James' CHAMBERS (not the courtroom), located on the 15th Floor of the 20 Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102. 21 On the date of the settlement conference, the parties shall use the intercom adjacent to 22 chambers' security entrance to notify the Court of their arrival. 23 It is the responsibility of counsel to ensure that whatever discovery is needed for all sides to 24 evaluate the case for settlement purposes is completed by the date of the Settlement Conference. 25 Counsel shall cooperate in providing discovery informally and expeditiously. 26 Lead trial counsel shall appear at the Settlement Conference with the parties. Any party who 27 is not a natural person shall be represented by the person(s) with unlimited authority to negotiate a 28 settlement. A person who needs to call another person not present before agreeing to any settlement does not have full authority. If a party is a governmental entity, its governing body shall designate 2 one of its members or a senior executive to appear at the Settlement Conference with authority to 3 participate in the Settlement Conference and, if a tentative settlement agreement is reached, to 4 recommend the agreement to the governmental entity for its approval. An insured party shall appear 5 with a representative of the carrier with full authority to negotiate up to the limits of coverage. 6 Personal attendance of a party representative will rarely be excused by the Court, and then only upon 7 separate written application demonstrating substantial hardship served on opposing counsel and 8 lodged as early as the basis for the hardship is known but no later than the Settlement Conference 9 Statement. 10 Parties may only be excused from attending the settlement conference in person upon written 11 authorization from Magistrate Judge James. Any such request must be filed as a motion and 12 proposed order at least 14 days in advance of the conference.
To reschedule a settlement conference, counsel shall contact the Courtroom Deputy, Rose C conference date will remain on calendar until the Court receives said joint stipulation.
S Maher, at (415) 522-4708 at least seven days in advance to obtain a new date. Counsel shall confirm 15 the new date and time with opposing counsel and thereafter file a joint stipulation and proposed order 16 which sets forth the new date and time of the settlement conference.
The original settlement
Each party shall prepare a Settlement Conference Statement, which
must be LODGED 19 with the undersigned's Chambers (NOT electronically
filed) no later than seven (7) calendar
days prior to the conference. Statements shall be submitted in a
sealed envelope to the Clerk's 21 Office, located at 450 Golden Gate
Avenue, 16th Floor, P.O. Box 36060, San Francisco, California 22
94102. Envelopes should be prominently marked "CONFIDENTIAL -
SETTLEMENT 23 CONFERENCE STATEMENT - DO NOT FILE." 24 Each party shall
also submit their Settlement Conference Statement in .pdf format and
25 email their statement to MEJPO@cand.uscourts.gov. 26 The Settlement
Conference Statement need not be served on opposing counsel. The
parties 27 are encouraged, however, to exchange Settlement Conference
Statements. If Settlement Conference
Statements are exchanged, any party may submit an additional
confidential settlement letter to the 2 Court not to exceed three (3)
pages. The contents of this confidential settlement letter will not be
3 disclosed to the other parties. 4 The form and content of the
statement may vary depending on the case. Generally, the 5 statement
shall include the following: 6 1. Statement of Facts. A brief
description of the facts giving rise to the case. 7 2. Summary of
Proceedings. A brief summary of the proceedings to date. 8 3.
Undisputed Matters. A brief statement of all material facts not in
dispute. 9 4. Disputed Issues of Fact. A brief statement of disputed
material facts. 10 5. Disputed Issues of Law. A brief statement of the
disputed points of law, including reference 11 to specific statutes
and decisions relied upon. Extended legal argument is not appropriate.
12 Reference may be made to Points and Authorities previously
14 damages and a breakdown of the estimated cost projected for the litigation if it proceeds to 15 trial.
D 16 7. Prior Settlement Discussions. A chronological summary of prior settlement negotiations,
COURT 13 6. Relief Sought. A statement of the relief
sought, including an itemization of all elements of C
including settlement offers and responses
8. Settlement Analysis. A forthright evaluation of the strengths and weaknesses of your case and 19 the probabilities of prevailing on the major issues in dispute. 9. Discrete Issues. Identify and prioritize any discrete issues which, if resolved, would aid in the 21 disposition of the case. 22 10. Current Settlement Position. Set forth a reasonable proposal of settlement. 23 It is not unusual for the conference to last three (3) or more hours. Parties are encouraged to 24 participate and frankly discuss their case. Statements they make during the conference will not be 25 admissible at trial in the event the case does not settle. The parties should be prepared to discuss such 26 issues as: 27 1. Their settlement objectives. 28
1 2. Any impediments to settlement they perceive. 2 3. Whether they have enough information to discuss settlement. If not, what additional 3 information is needed? 4 4. The possibility of a creative resolution of the dispute. 5 The parties shall notify the Courtroom Deputy, Rose Maher immediately at (415) 522-4708 if 6 this case settles prior to the date set for Settlement Conference. Counsel shall provide a copy of this 7 order to each party who will participate in the conference.
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