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Gonzalez v. Jag Trucking, Inc.

United States District Court, E.D. California

June 28, 2019

LEONEL GONZALEZ and JONATHAN BASULTO, Plaintiffs,
v.
JAG TRUCKING, INC. et al., Defendants. AND RELATED CROSS ACTIONS

          ORDER SETTING EARLY SETTLEMENT CONFERENCE AND TRAILING THE FURTHER SCHEDULING CONFERENCE

          JENNIFER L. THURSTON UNITED STATES MAGISTRATE JUDGE

         At the scheduling conference, counsel reported a desire to attempt to settle the action, as well as the related state court action, at a court-sponsored settlement conference. Consequently, the Court refrained from scheduling the case and set the conference to occur in mid-January 2020. To be prepared for the settlement conference, the Court ORDERS:

         1. The further scheduling conference will trail and will be reset if the settlement conference fails to resolve the case;

         2. Mr. Hoppe will discuss with Andrew Lerma whether he intends to pursue a claim for personal injuries. Mr. Hoppe SHALL report the results to other counsel no later than July 15, 2019;

         3. Mr. Deutinger will confer with attorney Craig Johnson, to alert him of the settlement conference and to determine whether Mr. Johnson and his client, Stephanie Rutherford, intend to attend the settlement conference. Mr. Hoppe SHALL report the results to other counsel no later than July 15, 2019. If Ms. Rutherford and Mr. Johnson decide against attending the settlement conference, all counsel SHALL confer to determine whether the settlement conference should go forward. If they do not all agree that it should go forward, counsel SHALL file a joint statement indicating this and agreeing on a date for the scheduling conference;

         4. To the extent any party involved in this litigation intends to seek damages for personal injury, the party SHALL provide copies of the relevant medical records to all other no later than August 30, 2019. As necessary, the person claiming the personal injury SHALL obtain the records by subpoena or otherwise and provide them to other counsel;

         5. No later than July 15, 2019, counsel for JAG Trucking, Inc., SHALL contact attorney Ryan Kahl[1] of the Parris Law Firm to discuss obtaining the medical records of Noelle Christine Krawiec and Andres Krawiec. Counsel should determine who will provide the medical records for the Krawiecs' to other counsel;

         6. A Settlement Conference is scheduled for January 13, 2020 at 8:30 a.m., located at 510 19th Street, Bakersfield, California.

         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[2]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.

         No later than November 8, 2019, the plaintiffs/cross complainants SHALL submit to the defendants/cross defendants via fax or e-mail, a written itemization of damages and a meaningful[3]settlement demand which includes a brief explanation of why such a settlement is appropriate. Thereafter, no later than November 29, 2019, the defendants/cross defendants SHALL respond via fax or e-mail, with an acceptance of the offer or with a meaningful counteroffer, which includes a brief explanation of why such a settlement is appropriate. The parties SHALL continue to exchange offers as long as doing so appears fruitful.

         If settlement is not achieved, each party SHALL attach copies of their settlement offers to their Confidential Settlement Conference Statement, as described below. Copies of these documents shall not be filed on the court docket.

         NON-CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT

         No. later than December 16, 2019, the parties shall submit, directly to Judge Thurston's chambers by e-mail to JLTOrders@caed.uscourts.gov, a Non-confidential Settlement Conference Statement. The statement should not be filed but a copy SHALL be ...


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