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John C. Brisbin v. Calmat Co

March 7, 2013

JOHN C. BRISBIN, PLAINTIFF,
v.
CALMAT CO., DEFENDANT.



The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER re SETTLEMENT CONFERENCE AND RELATED ACTIONS

This case had been scheduled for a Settlement Conference on March 8, 2013. (Doc. 40.) Pursuant to the Court's December 6, 2012, Order re Settlement Conference, the parties were required to submit Confidential Settlement Conference Statements ("Settlement Statements") to the Court by no later than five (5) business before the Settlement Conference, i.e., by no later than March 1, 2013. (See Doc. 36, 1:25-2:3.)

On February 28, 2013, Defendant/Counter-Claimant Calmat DBA Vulcan Materials Company ("Calmat") submitted its Settlement Statement, and on March 1, 2013, Counter-Defendant Western Surety Company ("Western Surety") submitted its Settlement Statement. (See Docs. 45, 46.) Plaintiff/Counter-Defendant John C. Brisbin, an individual and DBA Construction Development Systems, ("Brisbin") did not submit a Settlement Statement, and thus failed to comply with the Court's December 6, 2012, Order re Settlement Conference.

On March 6, 2013, an informal telephonic conference regarding the scheduled March 8, 2013, Settlement Conference was held in chambers and off the record before Magistrate Judge Sheila K. Oberto. Due to Brisbin's failure to comply with the requirements set forth in the Court's December 6, 2012, Order re Settlement Conference, the Settlement Conference scheduled for March 8, 2013, was CONTINUED to March 29, 2013, at 9:30 a.m. in Courtroom 7 at the U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, before Magistrate Judge Sheila K. Oberto.

Consideration of settlement is a serious matter that requires thorough preparation prior to the settlement conference. Accordingly, IT IS HEREBY ORDERED that:

1. Pre-settlement Conference Exchange of Demand and Offer

A settlement conference is more likely to be productive if, before the conference, the parties exchange written settlement proposals. Brisbin failed to provide a written settlement proposal and failed to respond to Calmat's settlement demand as required in the Court's December 6, 2012, Order re Settlement Conference. (See Doc. 36, 1:17-24.)

Accordingly, counsel for Brisbin SHALL provide to counsel for Calmat, by no later than March 12, 2013, a written itemization of damages and a settlement demand with a brief summary of the legal and factual basis supporting the demand, as well as a written response and offer to the settlement demand made by Calmat.

By no later than March 19, 2013, counsel for Calmat shall submit a written response to the demand and offer made by counsel for Brisbin with a brief summary of the legal and factual basis supporting the response.

2. Submission and Content of Confidential Settlement Conference Statements Brisbin SHALL send a Settlement Statement and Calmat SHALL send a revised Settlement Statement to the following email address: SKOorders@caed.uscourts.gov, by no later than March 22, 2013. Additionally, each party shall file a Notice of Submission of Confidential Settlement Conference Statement (See Local Rule 270 (d)). Western Surety is not required to resubmit a Settlement Statement unless there are revisions to the contentions set forth in its prior Settlement Statement.

Settlement Statements must be typed and double spaced. Each Settlement Statement shall include the following:

a. A brief summary of the core facts, allegations, and defenses.

b. A summary of the proceedings to date.

c. An estimate of the cost and time to be expended for further discovery, ...


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