Mayfield v. Zimmer Bio, Inc.

          ORDER re CONTINUED SETTLEMENT CONFERENCE (Doc. 21)

          SHEILA K. OBERTO UNITED STATES MAGISTRATE JUDGE

         Pursuant to the parties' stipulated request (Doc. 21), the Settlement Conference in this case is CONTINUED to April 2, 2020 at 11:00 A.M. before Magistrate Judge Sheila K. Oberto at the U.S. District Court, 2500 Tulare Street, Fresno, California, 93721.

         Consideration of settlement is a serious matter that requires thorough preparation prior to the settlement conference. Accordingly, IT IS HEREBY ORDERED that:

         1. Pre-settlement Conference Exchange of Demand and Offer

         A settlement conference is more likely to be productive if, before the conference, the parties exchange written settlement proposals. Accordingly, at least 28 days prior to the settlement conference, plaintiff's counsel shall submit a written itemization of damages and settlement demand to each defense counsel with a brief summary of the legal and factual basis supporting the demand. No later than 21 days prior to the settlement conference, each defense counsel shall submit a written offer to plaintiff's counsel with a brief summary of the legal and factual basis supporting the offer.

         2. Submission and Content of Confidential Settlement Conference Statements

         The parties are to send Confidential Settlement Conference Statements (Settlement Statement) to the following email address: SKOorders@caed.uscourts.gov, to arrive no later than 14 days before the conference. Each statement shall be clearly marked “CONFIDENTIAL” with the date and time of the mandatory settlement conference indicated prominently. Each party shall also file a Notice of Submission of Confidential Settlement Conference Statement (See L.R. 270 (d)).

         If the Settlement Conference is continued for any reason, each party must submit a new Settlement Statement that is complete in itself, without reference to any prior Settlement Statements.

         Each Settlement Statement shall include the following:

a. A brief summary of the core facts, allegations, and defenses, a forthright evaluation of the parties' likelihood of prevailing on the claims and defenses, and a description of the major issues in dispute.

b. A summary of the proceedings to date.

c. An estimate of the cost and time to be expended for further discovery, pretrial, and trial.

d. The nature of the relief sought.

e. 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 history of ...