Baker et al v. Ocwen Loan Servicing et al

Northern District of California, cand-4:2015-cv-02676

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Telephone conference set for 1/4/2016 11:00 AM. Settlement Conference set for 1/8/2016 09:30 AM in Courtroom A, 15th Floor, San Francisco. Signed by Magistrate Judge Sallie Kim on 12/14/2015.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 JEFFREY BAKER, et al., 7 Case No. 15-cv-02676-JSW (SK) Plaintiffs, 8 v. NOTICE OF SETTLEMENT 9 CONFERENCE AND SETTLEMENT OCWEN LOAN SERVICING, LLC, et al., CONFERENCE ORDER 10 Defendants. 11 12 TO ALL PARTIES AND COUNSEL OF RECORD: Northern District of California United States District Court 13 The above matter was referred to Magistrate Judge Sallie Kim for settlement purposes. 14 You are hereby notified that a Settlement Conference is scheduled for January 8, 2015 at 15 9:30 a.m. in Courtroom A, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, 16 California 94102. The Court will hold a telephonic Conference in preparation for the Settlement 17 Conference on January 4, 2015 at 11:00 a.m. Counsel shall set up the call and email the Court at 18 skcrd@cand.uscourts.gov with the dial-in information by December 29, 2015. If the parties are 19 unable to participate in the telephonic scheduling conference on the date selected by the Court, the 20 parties shall meet and confer and provide three mutually agreed upon dates and times at which 21 they will be available. 22 It is the responsibility of counsel to ensure that whatever discovery is needed for all sides 23 to evaluate the case for settlement purposes is completed by the date of the Settlement Conference. 24 Counsel shall cooperate in providing discovery informally and expeditiously. 25 Lead trial counsel shall appear at the Settlement Conference with the parties. Any party 26 who is not a natural person shall be represented by the person(s) with unlimited authority to 27 negotiate a settlement. A person who needs to call another person not present before agreeing to 28 any settlement does not have full authority. An insured party shall appear with a representative of 1 the carrier with full authority to negotiate up to the limits of coverage. Personal attendance of a 2 party representative will rarely be excused by the Court, and then only upon separate written 3 application demonstrating substantial hardship served on opposing counsel and lodged as early as 4 the basis for the hardship is known but no later than the Settlement Conference Statement. 5 Each party shall prepare a Settlement Conference Statement, which must be 6 LODGED with the undersigned's Chambers (NOT electronically filed) no later than 7 December 29, 2015. Please 3-hole punch the document at the left side. 8 All parties shall also submit their Settlement Conference Statement in .pdf format 9 and email their statement to SKPO@cand.uscourts.gov. 10 The Settlement Conference Statement need not be served on opposing counsel. The 11 parties are encouraged, however, to exchange Settlement Conference Statements. The parties 12 should specify in their Settlement Conference Statement whether or not they served it on opposing Northern District of California United States District Court 13 counsel. If Settlement Conference Statements are exchanged, any party may submit an additional 14 confidential settlement letter to the Court not to exceed three (3) pages. The contents of this 15 confidential settlement letter will not be disclosed to the other parties. 16 The Settlement Conference Statement shall not exceed ten (10) pages of text and twenty 17 (20) pages of exhibits and shall include the following: 18 1. A brief statement of the facts of the case. 19 2. A brief statement of the claims and defenses including, but not limited to, statutory 20 or other grounds upon which the claims are founded and a candid evaluation of the 21 parties' likelihood of prevailing on the claims and defenses. 22 3. A list of the key facts in dispute and a brief statement of the specific evidence 23 relevant to a determination of those facts. 24 4. A summary of the proceedings to date and any pending motions. 25 5. An estimate of the cost and time to be expended for further discovery, pretrial and 26 trial. 27 6. The relief sought, including an itemization of damages. 28 7. The party's position on settlement, including present demands and offers and a 2 1 history of past settlement discussions. 2 It is not unusual for the conference to last three (3) or more hours. The parties should be 3 prepared to discuss such issues as: 4 1. Their settlement objectives. 5 2. Any impediments to settlement they perceive. 6 3. Whether they have enough information to discuss settlement. If not, what 7 additional information is needed? 8 4. The possibility of a creative resolution of the dispute. 9 The parties shall notify Chambers immediately at (415) 522-2112 if this case settles prior 10 to the date set for Settlement Conference. Counsel shall provide a copy of this order to each party 11 who will participate in the conference. 12 IT IS SO ORDERED. Northern District of California United States District Court 13 Dated: December 14, 2015 14 15 ________________________ SALLIE KIM 16 United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 3