United States District Court, E.D. California
TERRY MCCLURE, ET. AL., Plaintiff,
v.
PRISONER TRANSPORTATION SERVICES OF AMERICA, LLC., ET. AL. Defendant.
AMENDED ORDER RE SETTLEMENT CONFERENCE
SHEILA
K. OBERTO UNITED STATES MAGISTRATE JUDGE.
This
case is set for a Settlement Conference before Magistrate
Judge Sheila K. Oberto on March 19, 2020 at 10:30 AM 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 ...