United States District Court, E.D. California
SCOTT K. RICKS, Plaintiff,
C. DAVIS, Defendant.
ORDER CONTINUING SETTLEMENT CONFERENCE (DOCS. 15,
K. OBERTO. UNITED STATES MAGISTRATE JUDGE.
case was previously set for a settlement conference before
the undersigned at the U.S. District Court, 2500 Tulare
Street, Fresno, California 93721 in Courtroom #7, on
September 24, 2019, at 11:00 a.m. However, on August 30,
2019, Defendant requested that it be rescheduled to a date
after October 21, 2019, when Plaintiffs updated address is
due since the notice scheduling the settlement conference was
returned by the United States Postal Service on August 12,
2019, as “Undeliverable, Unable to Forward.”
(Doc. 16.) The Court finds good cause and HEREBY ORDERS:
1. The settlement conference is hereby continued to November
21, 2019, at 11:00 a.m. before Magistrate Judge Sheila K.
Oberto at the U.S. District Court, 2500 Tulare Street,
Fresno, California 93721 in Courtroom #7.
2. The case remains stayed through November 21, 2019.
3. 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.
4. The 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.
5. No later than October 30, 2019,
Plaintiff SHALL submit to Defendant, 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.
6. No later than November 10, 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.
7. If settlement is not achieved informally, the defendant is
directed to submit confidential settlement statements
no later than November 14, 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
November 14, 2019. The envelope shall be marked
“Confidential Settlement Statement.” Parties
shall also file a “Notice of Submission of Confidential
Settlement Statement.” (See Local Rule
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