United States District Court, N.D. California
NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT
CONFERENCE ORDER
ELIZABETH D. LAPORTE, UNITED STATES MAGISTRATE JUDGE
TO ALL
PARTIES AND COUNSEL OF RECORD:
The
above matter was referred to Magistrate Judge Elizabeth D.
Laporte for settlement purposes. You are hereby notified that
a settlement conference is scheduled for February 15, 2017 at
9:30 a.m., at the U.S. District Court, 450 Golden Gate
Avenue, 15th floor, Courtroom E, San Francisco, CA 94102.
If the
parties and counsel are not available on that date, or if
they believe that a settlement conference would be more
productive at a different time, counsel must confer on new
potential date(s) and then contact courtroom deputy Stephen
Ybarra within one week of the date of this order at
415-522-3694. The parties should be mindful of any time
limits set by the district court.
It is
the responsibility of counsel to ensure that whatever
discovery is needed for all sides to evaluate the case for
settlement purposes is completed by the date of the
settlement conference. Counsel shall cooperate in providing
discovery informally and expeditiously.
A. Meet
and Confer Requirement and Option to Request Pre-Settlement
Conference Call with Judge Laporte
No
later than fourteen (14) calendar days before the settlement
conference and prior to the preparation of their Exchanged
Settlement Conference Statements and Confidential Settlement
Letters, counsel for the parties must meet and confer (in
person or by phone) to discuss matters pertinent to improving
the prospects that the settlement negotiations will be
productive. During the meet and confer, counsel may address
any subjects they feel are appropriate, but they must discuss
the following:
1. Who
will attend the conference on behalf of each party, including
counsel and identification of the person(s) with full
authority to make the final decision as to whether any
settlement offer is made, accepted, or rejected (e.g., the
party, and another person(s) if full authority does not rest
with the party).
2.
Which persons or entities must approve a proposed settlement
agreement before it can be executed, as well as the nature
and duration of any such approval process.
3.
Whether insurance is available to cover all or part of the
claimed losses or to fund all or part of any party's
defense; whether tenders have been made to any insurance
companies; and if insurance is available, the name of and
position held by each claims representative who will be
attending the settlement conference.
4.
Whether there are particular documents or other tangible
things that should be brought to the conference (e.g., to
educate the settlement judge or to support or explain
significant contentions).
5. Any
unusual issues or factors that could come into play in the
settlement negotiations or any especially sensitive matters
that other counsel or the Court should be alerted to before
the conference.
6.
Whether a pre-settlement conference call with the attorneys
and the settlement judge would help make the process more
productive (e.g., by ensuring that the appropriate client
representatives attend.) Counsel may arrange a pre-settlement
...