United States District Court, E.D. California
JARED M. VILLERY, Plaintiff,
CROUNSE, et al., Defendants.
ORDER SETTING SETTLEMENT CONFERENCE
K. OBERTO, UNITED STATES MAGISTRATE JUDGE.
29, 2019, the parties were ordered to notify the court
whether a settlement conference would be beneficial. (Doc.
14.) As both sides responded in the affirmative, (Docs. 15,
16), the Court has determined that this case will benefit
from a settlement conference.
this case will be set for a settlement conference before the
undersigned at the U.S. District Court, 2500 Tulare Street,
Fresno, California 93721 in Courtroom #7, on August 13, 2019,
at 10:30 a.m. The Court will issue the necessary
transportation order in due course.
case is set for a settlement conference before Magistrate
Judge Sheila K. Oberto, on August 13, 2019, at 10:30 a.m. at
the U.S. District Court, 2500 Tulare Street, Fresno,
California 93721 in Courtroom #7.
Unless otherwise permitted in advance by the Court, the
attorneys who will try the case shall appear at the
Settlement Conference with the parties and the person or
persons having full authority to negotiate and settle the
case on any reasonable terms discussed at the conference.
Consideration of settlement is a serious matter that requires
preparation prior to the settlement conference. Set forth
below are the procedures the Court will employ, absent good
cause, in conducting the conference.
parties must be prepared to discuss the claims, defenses, and
damages. The failure of any counsel, party or authorized
person subject to this order to appear may result in the
imposition of sanctions. In addition, the conference will not
proceed and will be reset to another date.
No later than July 15, 2019,
Plaintiff SHALL submit to Defendants, by
mail, a written itemization of damages and a
meaningful settlement demand, which includes a brief
explanation of why such a settlement is appropriate, not to
exceed ten pages in length.
No later than July 27, 2019,
Defendants SHALL respond, by telephone or in
person, with an acceptance of the offer or with a meaningful
counteroffer, which includes a brief explanation of why such
a settlement is appropriate. If settlement is achieved,
defense counsel is to immediately inform the Courtroom Deputy
of Magistrate Judge Oberto.
settlement is not achieved informally, the defendant is
directed to submit confidential settlement statements
no later than August 7, 2019 to the
following email address:
firstname.lastname@example.org. Plaintiff shall mail
his confidential settlement statement Attn: Magistrate Judge
Sheila K. Oberto, USDC CAED, 2500 Tulare Street, Fresno,
California 93721 so it arrives no later than
August 10, 2019. The envelope shall be marked
“Confidential Settlement Statement.” Parties
shall also file a “Notice of Submission of Confidential
Settlement Statement.” (See Local Rule
270(d).) Settlement statements should not be
filed with the Clerk of the Court nor served
on any other party. Settlement statements shall be
clearly marked “confidential” with the date and
time of the settlement conference indicated prominently
thereon. The confidential settlement statement shall be
no longer than five pages in length, typed
or neatly printed, and include the following:
a. A brief statement of the facts of the case.
b. A brief statement of the claims and defenses, i.e.,
statutory or other grounds upon which the claims are founded;
a forthright evaluation of the parties' likelihood of
prevailing on the claims and defenses; and a description of
the major issues in dispute.
c. An estimate of the cost and time to be expended for
further discovery, pretrial, and trial.
d. An outline of past settlement efforts including
information regarding the “Pre-settlement Conference
Exchange of Demand and Offer” required above --
including the itemization of damages -- and a