Precision Glassworks, Inc. v. Big Al's et al

Northern District of California, cand-4:2015-cv-03227

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. Signed by Magistrate Judge Donna M. Ryu on 5/25/2016.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 PRECISION GLASSWORKS, INC., 7 Case No. 15-cv-03227-HSG (DMR) Plaintiff, 8 v. NOTICE OF SETTLEMENT 9 CONFERENCE AND SETTLEMENT ALI GHANNAM, 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 Donna M. Ryu for settlement purposes. 14 You are hereby notified that a settlement conference is scheduled for Monday, June 27, 2016, at 15 10:00 a.m., at the U.S. District Court, 1301 Clay Street, Oakland, California 94612. For 16 courtroom number and floor information, please check the court's on-line calendar at 17 http://www.cand.uscourts.gov on Friday, prior to the scheduled hearing date. 18 If all parties, counsel, and other mandatory attendees are not available on the above date, 19 counsel shall notify the court in writing within 3 business days. The parties should be mindful of 20 any time limits set by the judge to whom the case is assigned. If written notice is not provided 21 within 3 business days, the settlement conference date as stated above shall remain in effect. 22 It is the responsibility of counsel to ensure that whatever formal or informal discovery is 23 needed for all sides to evaluate the case for settlement purposes is completed by the date of the 24 settlement conference. 25 A. Meet and Confer Requirement. 26 No later than fourteen (14) calendar days before the settlement conference and prior to 27 the preparation of their Exchanged Settlement Conference Statements and Confidential Settlement 28 Letters, counsel for the parties must meet and confer (in person or by phone) to discuss matters 1 pertinent to improving the prospects that the settlement negotiations will be productive. During 2 the meet and confer, counsel may address any subjects they feel are appropriate, but they must 3 discuss the following: 4 1. Who will attend the conference on behalf of each party, including counsel and 5 identification of the person(s) with full authority to make the final decision as to whether any 6 settlement offer is made, accepted, or rejected (e.g., either the party or another person(s) if full 7 authority does not rest with the party). 8 2. Which persons or entities must approve a proposed settlement agreement before it 9 can be executed, as well as the nature and duration of any such approval process. 10 3. Whether insurance is available to cover all or part of the claimed losses or to fund 11 all or part of any party's defense; whether tenders have been made to any insurance companies; 12 and if insurance is available, the name of and position held by each claims representative who will Northern District of California United States District Court 13 be attending the settlement conference. 14 4. Whether it would be useful for settlement demands and/or offers to be made before 15 the settlement conference is convened. 16 5. Whether there are particular documents or other tangible things that should be 17 brought to the conference (e.g., to educate the settlement judge or to support or explain significant 18 contentions). 19 6. Any unusual issues or factors that could come into play in the settlement 20 negotiations or any especially sensitive matters that other counsel should be alerted to before the 21 conference. 22 B. Lodged Settlement Conference Documents. 23 No later than ten (10) calendar days prior to the settlement conference, each party 24 shall submit the following: 25 (1) an Exchanged Settlement Conference Statement; and 26 (2) a Confidential Settlement Letter. 27 Two copies of each document shall be LODGED (not filed) with the U.S. District Court 28 Clerk's Office in Oakland, located at 1301 Clay Street, Suite 400S, 4th Floor, Oakland, California 2 1 94612. The documents shall be submitted in a sealed envelope addressed to Magistrate Judge Ryu 2 and prominently marked "SETTLEMENT CONFERENCE DOCUMENTS - DO NOT FILE." 3 1. Exchanged Settlement Conference Statements. 4 Counsel shall serve a copy of the Settlement Conference Statement on all parties. 5 Furthermore, counsel are strongly encouraged prior to the settlement conference to share with 6 their clients the contents of the Settlement Conference Statement(s) received from opposing 7 counsel. 8 The Settlement Conference Statement shall not exceed ten (10) pages of text. Parties are 9 encouraged to include as exhibits any key documents and deposition excerpts up to twenty (20) 10 pages. The Settlement Conference Statement shall include the following: 11 a. A brief statement of the facts of the case. 12 b. A brief statement of the principal claims and defenses. Northern District of California United States District Court 13 c. A description of the key factual and legal issues that are in dispute and a 14 plain and concise statement of the specific evidence relevant to their determination. Portions of 15 any exhibits relied upon by the parties shall be referenced and highlighted. 16 d. A summary of the proceedings to date and a description of any pending 17 motions. 18 e. The bases for any damages calculations and a description of any non- 19 monetary relief sought or non-monetary components of settlement offers or demands. 20 f. A description of each component of each party's most recently 21 communicated settlement demand or offer (describing specifically any non-monetary terms that 22 were demanded or offered). 23 g. For each party, a list of the names, titles, and positions of all persons who 24 will be attending the conference. 25 h. Where the party is a governmental entity, a description of which persons or 26 entities must approve a proposed settlement agreement before it can be executed, as well as the 27 nature and duration of that approval process. 28 2. Confidential Settlement Letters. 3 1 The Confidential Settlement Letter shall not be served upon other parties. The 2 Confidential Settlement Letter shall not exceed five (5) pages of text and shall include the 3 following: 4 a. Separately for each principal claim and defense, a forthright evaluation of 5 the strengths and weaknesses and likelihood that the party submitting the Confidential Letter will 6 prevail. Citations to any key legal authorities relied upon by the parties as part of this evaluation 7 shall be provided. 8 b. An estimate of the out-of-pocket expenses, attorneys' fees, and time: (a) 9 spent to date and (b) to be expended for further discovery, pretrial, and trial. If plaintiff seeks 10 attorneys' fees and costs, plaintiff's counsel shall be prepared at the conference to provide 11 sufficient information to enable the fee claim to be evaluated for purposes of settlement. 12 c. A history of past settlement discussions (without revealing communications Northern District of California United States District Court 13 whose disclosure to a settlement judge is prohibited), a description of the principal obstacles 14 (factual, legal, or other) to reaching agreement, and the reason the parties' assessments of the 15 settlement value of the case differ. 16 d. A realistic settlement figure or terms (including any non-monetary terms) 17 that, given all the circumstances, the party submitting the Confidential Letter would consider 18 seriously. 19 e. Where the party is insured or is a governmental entity, any foreseeable 20 barriers to insurance coverage or approval of a proposed settlement, or special concerns that the 21 insurer or governmental entity might want addressed. 22 f. A brief discussion of any of the subjects identified in Section A of this 23 Order that might be significant in the settlement dynamic. 24 C. Mandatory Personal Attendance. 25 Lead trial counsel shall appear at the settlement conference with the parties and with the 26 person(s) having full authority to make the final decision as to whether any settlement offer is 27 made, accepted, or rejected (if full authority does not rest with the party). A person who needs to 28 call another person not present before making, accepting, or rejecting any settlement offer does 4 1 not have such full authority. If a party is a governmental entity, its governing body shall 2 designate one of its members or a senior executive to appear at the settlement conference with 3 authority to participate in the settlement conference and, if a tentative settlement agreement is 4 reached, to recommend the agreement to the governmental entity for its approval. An insured 5 party shall appear with a representative of the carrier with full authority to negotiate up to the 6 limits of coverage. 7 Personal attendance is mandatory and will rarely be excused by the court, and then only 8 upon a written request that is timely under the circumstances and that demonstrates extraordinary 9 hardship. Personal attendance may be excused only upon written authorization from the court. If 10 the court permits attendance by telephone, the person who is excused from personally appearing 11 must be available to participate by telephone throughout the entire conference. 12 D. Duration and Content of Settlement Conference. Northern District of California United States District Court 13 It is not unusual for settlement conferences to last three (3) or more hours. Parties and 14 their representatives should be prepared to devote the entire day to the conference if necessary. 15 Parties are encouraged to participate in the settlement conference and frankly discuss their case. 16 Statements they make during the conference will not be admissible at trial in the event the case 17 does not settle. The parties and their representatives should be prepared to discuss such issues as 18 their settlement objectives; any impediments to settlement they perceive; whether they have 19 enough information to discuss settlement and if not, what additional information is needed; and 20 the possibility of a creative resolution of the dispute. 21 E. Continuances. 22 Any request to continue the settlement conference shall state the reason therefor and be 23 submitted in writing as soon as possible after consultation with the opposing party but well in 24 advance of the scheduled conference date. The request must demonstrate a compelling reason 25 for a continuance and shall state whether it is joined or opposed by the other party(ies). 26 Submission of such request shall be filed with the court; a courtesy copy must be provided no later 27 than 12:00 noon on the day after the document is filed. Parties must appear on the calendared 28 date unless the court issues an Order continuing the matter. 5 1 If the date to which a continuance is sought would be past a deadline for holding the 2 settlement conference that was set by the judge to whom the case is assigned for trial, the party 3 seeking the continuance must secure permission from the trial judge to hold the settlement 4 conference during the proposed new time frame before seeking the continuance from Judge 5 Ryu. A writing evidencing the trial judge's extension of the deadline must accompany the party's 6 request to Judge Ryu for the continuance. 7 The parties shall immediately notify Judge Ryu's Courtroom Deputy, Ivy Garcia, at (510) 8 637-3639, if this case settles prior to the date set for the settlement conference. 9 Any failure to comply with the requirements of this Order may subject the parties and/or 10 counsel to sanctions. 11 12 IT IS SO ORDERED. Northern District of California United States District Court 13 14 Dated: May 25, 2016 ______________________________________ 15 Donna M. Ryu 16 United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 6