ORTIZ v. ALVAREZ

Case No. 1:15-cv-00535-DAD-EPG.

SANDRA ORTIZ, et al., Plaintiffs, v. GERARDO ALVAREZ, et al., Defendants.

United States District Court, E.D. California.

Editors Note
Applicable Law: 28 U.S.C. § 1441
Cause: 28 U.S.C. § 1441 Petition for Removal - Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

Sandra Ortiz, Plaintiff, represented by Alexia D. Kirkland , Kirkland Law Of California.

Raul Villanueva, Plaintiff, represented by Alexia D. Kirkland , Kirkland Law Of California.

Alfonso Padron, Plaintiff, Pro Se.

Luis Ramos, Plaintiff, represented by Alexia D. Kirkland , Kirkland Law Of California.

Gudelia Sandoval, Plaintiff, represented by Alexia D. Kirkland , Kirkland Law Of California.

Elida Padron, Plaintiff, Pro Se.

Martha Moreno, Plaintiff, represented by Alexia D. Kirkland , Kirkland Law Of California.

Gerardo Alvarez, Defendant, represented by Mart Benjamin Oller, IV , McCormick Barstow LLP.

Parlier Unified School District, Defendant, represented by Mart Benjamin Oller, IV , McCormick Barstow LLP.

Israel Lara, Defendant, represented by Justin Thomas Campagne , Campagne & Campagne, A Prof. Corp., Thomas Elmer Campagne , Campagne & Campagne, A Prof. Corp. & Wiley Russ Driskill , Campagne, Campagne & Lerner.

Youth Centers of America, Defendant, represented by Justin Thomas Campagne , Campagne & Campagne, A Prof. Corp., Thomas Elmer Campagne , Campagne & Campagne, A Prof. Corp. & Wiley Russ Driskill , Campagne, Campagne & Lerner.


ORDER RE SETTLEMENT CONFERENCE

STANLEY A. BOONE, Magistrate Judge.

This action has been referred to the undersigned for a settlement conference and a settlement conference is currently set for July 26, 2017, at 11:30 a.m. in Courtroom 9 before the undersigned. Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall appear at the Settlement Conference with the parties and the person or persons having full authority to negotiate and settle the case on any terms1 at the conference.

Confidential Settlement Conference Statement: At least five (5) court days prior to the Settlement Conference, the parties shall submit a Confidential Settlement Conference Statement directly to Judge Boone's chambers by e-mail to SABOrders@caed.uscourts.gov. The statement should not be filed with the Clerk of the Court nor served on any other party, although the parties may file a Notice of Lodging of Settlement Conference Statement. Each statement shall be clearly marked "confidential" with the date and time of the Settlement Conference indicated prominently thereon.

The Confidential Settlement Conference Statement shall include the following:

A. A brief statement of the facts of the case. B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on the claims and defenses; and a description of the major issues in dispute. C. A summary of the proceedings to date. D. An estimate of the cost and time to be expended for further discovery, pretrial and trial. E. Thereliefsought. F. The party's position on settlement, including present demands and offers and a history of past settlement discussions, offers and demands.

The Court will vacate the settlement conference if the Court finds the settlement conference will be neither productive nor meaningful to attempt to resolve all or part of this case. As far in advance of the settlement conference as possible, a party shall inform the Court and other parties that it believes the case is not in a settlement posture so the Court may vacate or reset the settlement conference. Otherwise the parties shall proceed with the settlement conference in good faith to attempt to resolve all or part of the case.

IT IS SO ORDERED.

FootNotes


1. Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements are subject to approval by legislative bodies, executive committees, boards of directors or the like shall be represented by a person or persons who occupy high executive positions in the party organization and who will be directly involved in the process of approval of any settlement offers or agreements. To the extent possible the representative shall have the authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party's most recent demand.

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