Free Order - District Court of California - California

Case 3:07-cv-04771-EDL

Document 99

Filed 02/15/2008

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1 2 3 4 5 6 7 8 9 Plaintiff(s), 10 NATURAL RESOURCES DEFENSE COUNCIL, INC., ET AL., No. C-07-04771 EDL (JCS) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

v. 11
For the Northern District of California

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER

CARLOS GUTIERREZ, ET AL., 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 2. Defendant(s). ___________________________________/ TO ALL PARTIES AND COUNSEL OF RECORD: The above matter was referred to Magistrate Judge Joseph C. Spero for settlement purposes. You are hereby notified that a settlement conference is scheduled for March 26, 2008, at 9:30 a.m., in Courtroom A, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102. IT IS HEREBY ORDERED AS FOLLOWS: 1. The parties are to exchange lists of proposed settlement conference attendees, including scientists, by fax, not later than 5:00 p.m. (PDT) on March 1, 2008. The lists shall also be faxed to Magistrate Judge Spero's chambers at 415-522-3636. The parties are to exchange settlement proposals, by fax, not later than 5:00 p.m. (PDT) on March 5, 2008. The proposals shall also be faxed to Magistrate Judge Spero's chambers. The parties are to exchange responses to the above settlement proposals, by fax, not later than 5:00 p.m. (PDT) on March 14, 2008. The responses shall also be faxed to Magistrate Judge Spero's chambers.

Case 3:07-cv-04771-EDL

Document 99

Filed 02/15/2008

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It is the responsibility of counsel to ensure that whatever discovery is needed for all sides to evaluate the case for settlement purposes is completed by the date of the settlement conference. Counsel shall cooperate in providing discovery informally and expeditiously. Lead trial counsel shall appear at the settlement conference with the parties. Any party who is not a natural person shall be represented by the person or persons not directly involved in the events which gave rise to the litigation but with full authority to negotiate a settlement. A person who needs to call another person not present before agreeing to any settlement does not have full authority. If a party is a governmental entity, its governing body shall designate one of its members or a senior executive to appear at the settlement conference with authority to participate in the settlement conference and, if a tentative settlement agreement is reached, to recommend the agreement to the governmental entity for its approval. An insured party shall appear with a representative of the carrier with full authority to negotiate up to the limits of coverage. Personal attendance of a party representative will rarely be excused by the Court, and then only upon separate written application demonstrating substantial hardship served on opposing counsel and lodged as early as the basis for the hardship is known but not later than the settlement conference statement. Each party shall prepare a Settlement Conference Statement, which must be LODGED with the undersigned's Chambers (NOT electronically filed) no later than March 19, 2008. Please 3-hole punch the document at the left side. The Settlement Conference Statement need not be served on opposing counsel. The parties are encouraged, however, to exchange Settlement Conference Statements. If Settlement Conference Statements are exchanged, any party may submit an additional confidential settlement letter to the Court. The contents of this confidential settlement letter will not be disclosed to the other parties. The Settlement Conference Statement shall include the following: 1. 2. A brief statement of the facts of the case. A brief statement of the claims and defenses including, but not limited to, statutory or

United States District Court

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other grounds upon which the claims are founded, and a candid evaluation of the parties' likelihood of prevailing on the claims and defenses. The more candid the parties are, the more productive the conference will be.

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Case 3:07-cv-04771-EDL

Document 99

Filed 02/15/2008

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1 2 3 4 5 6 7 8 9 10 trial.

3.

A list of the key facts in dispute and a brief statement of the specific evidence

relevant to a determination of those facts. 4. 5. A summary of the proceedings to date and any pending motions. An estimate of the cost and time to be expended for further discovery, pretrial and

6. 7.

The relief sought, including an itemization of damages. The party's position on settlement, including present demands and offers and a history

of past settlement discussions. The Court's time can best be used to assist the parties in completing their negotiations, not in starting them. The parties shall notify chambers immediately at (415) 522-3691 if this case settles prior to the date set for settlement conference. Counsel shall provide a copy of this order to each party who will participate in the conference. IT IS SO ORDERED.

United States District Court

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For the Northern District of California

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Dated: February 15, 2008 ___________________________ JOSEPH C. SPERO United States Magistrate Judge

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