United States District Court, N.D. California
NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT
ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE.
PARTIES AND COUNSEL OF RECORD:
above matter was referred to Magistrate Judge Elizabeth D.
Laporte for settlement purposes. You are hereby notified that
a settlement conference is scheduled for September 28, 2016,
at 9:30 a.m., at the U.S. District Court, 450 Golden Gate
Avenue, 15th floor, Courtroom E, San Francisco, CA 94102.
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.
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.
and Confer Requirement and Option to Request Pre-Settlement
Conference Call with Judge Laporte
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
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).
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.
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.
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
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.
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 conference call with Judge Laporte by
calling Stephen Ybarra at 415-522-3694.
Exchange of Current Settlement Demand and Response
there is no current settlement demand, Plaintiff must serve a
demand on Defendant in writing no later than fourteen days
before the conference, outlining its theories for recovery,
the supporting facts, and damages. Plaintiff must include its
demand in its exchanged settlement conference statement.
Defendant must include its response to the demand in its
exchanged settlement conference statement.
Lodged Settlement Conference Documents
later than ten (10) calendar days prior to the settlement
conference by 12:00 p.m., each party shall submit the
an Exchanged Settlement Conference Statement; and
Confidential Settlement Letter.
parties shall deliver the Settlement Conference Documents
directly to Magistrate Judge ...