Informal Telephonic Conferences re Discovery Disputes; Standard Information; Settlement Conference Information

=== Informal Telephonic Conferences re Discovery Disputes ===

U.S. Magistrate Judge Carolyn K. Delaney United States District Court, Eastern District of California 501 I Street, Courtroom #24, 8th Floor Sacramento, California 95814 Informal Telephonic Conferences re Discovery Disputes Upon order of the court in an appropriate case, or by agreement of the parties, Judge Delaney will resolve discovery disputes outside the formal Local Rule 251 procedures by conducting an informal telephonic conference. Parties wishing to avail themselves of this option should follow the procedure outlined below. A party with a discovery dispute shall first confer with the opposing party in a good faith effort to resolve the dispute without court action. The parties must meet and confer in person or via telephone or video conferencing (i.e. in voice to voice dialogue; other forms of communication are not sufficient). If such efforts fail, the prospective moving party may contact the undersigned’s courtroom deputy, Lisa Kennison, at [email protected] or (916) 930-4004 to request an informal telephonic conference with Judge Delaney. The prospective moving party, after having conferred with the opposing party, shall advise the court of the dates and times in the next 3-14 days when all concerned parties are available for a telephonic conference. The court will then issue a minute order advising counsel of the time and date of the telephonic conference, as well instruction on how to connect to the conference line. At least 24 hours before the telephonic conference, unless a different deadline is set in the minute order, the parties shall file a joint letter brief explaining what meet and confer efforts they have undertaken and providing a synopsis of the discovery dispute. The joint letter brief shall be no more than 2 pages in length, including any exhibits or attachments (which are discouraged), and shall be in at least 12-point type. The letter brief shall be emailed to [email protected]. No paper courtesy copy is required. After the telephonic conference, the court may issue an order ruling on the issues presented. Alternatively, if it is determined that further briefing is needed to satisfactorily resolve the dispute, the court may order the parties to file formal briefing pursuant to Local Rule 251. Informal telephonic conferences, as described above, will not necessarily be on the record. However, parties are cautioned that the court will maintain the power to issue monetary and other sanctions during such conferences, including for failures to meet and confer in good faith or abuses of the discovery process.

=== Standard Information ===

Chief Magistrate Judge Carolyn K. Delaney United States District Court - Eastern District of California 8th Floor, Courtroom #24 Criminal Law and Motion: Contact the Courtroom Deputy for available dates. Civil Law and Motion: Civil law and motion is heard every Wednesday at 10:00 a.m. via Zoom. Motion dates are not reserved. Simply file your moving papers in accordance with the Local and Federal Rules. Proposed Orders: As required by the local rules, counsel shall submit via email, to [email protected], the proposed order accompanying any application, request, stipulation or motion in either Word Perfect or Microsoft Word format. Pursuant to Local Rule 131 (c), the document should include the attorneys' electronic signature(s) (i.e. /s/ First/Last name), as well as the date the document was signed. Page Limits: Initial moving papers in non-discovery matters, and oppositions to such motions, are limited to 30 pages. Replies are limited to 10 pages. Page limits do not include the index or table of contents, table of cases, or exhibits (if any). Documents exceeding these limits without advance leave of court, for good cause shown, may be stricken without further notice. These page limits also apply to discovery-related motions in prisoner cases only, which are exempt from the Joint Statement requirement of Local Rule 251. Transcript Orders: If you wish to order a transcript for a hearing held before Magistrate Judge Carolyn K. Delaney (or another Magistrate Judge in the Eastern District-Sacramento Division), you will need to complete the Electronic Court Reporter Transcript Order Form or the Appeal Transcript Designation and Order Form as appropriate. These forms can be found on our internet home page. 1. From the Court internet home page, select the Attorney Info tab. 2. Select Court Reporters/Transcripts. 3. Under the Ordering hearing, select Transcript Ordering Form. Completed forms should be submitted to [email protected]. Audio/Visual Equipment: The Sacramento Clerk's office has a variety of audio/visual equipment available to use for trial purposes. Available equipment may include: ELMOs, projectors, plasma screens, TVs and VCRs. In order to learn about the equipment provided by the court, you can access our internet home page and follow these procedures: 1. From the Court internet home page, select Attorney Info Tab. 2. Scroll down and select Electronic Courtroom. 3. Review available systems as applicable. Attorneys should arrange, through the Courtroom Deputy, a time to meet with court Information Technology staff for training on electronic equipment. Appointments should be scheduled at least one to two weeks prior to trial. Courtroom Deputy: If you have any questions or need further information, please contact Lisa Kennison at (916) 930-4004 or [email protected].

=== Settlement Conference Information ===

SETTLEMENT CONFERENCE PROCEDURES MAGISTRATE JUDGE CAROLYN K. DELANEY 1. Submission and Content of Confidential Settlement Conference Statements The parties are to send Confidential Settlement Conference Statements to the following email address: [email protected], no later than seven (7) days before the conference. Additionally, each party shall file a Notice of Submission of Confidential Settlement Conference Statement on the public docket (See L.R. 270 (d . Settlement Statements shall include the following: a. b. c. d. e. f. g. A brief summary of the core facts, allegations, and defenses. A summary of the proceedings to date. An estimate of the cost and time to be expended for further discovery, pretrial, and trial. The nature of the relief sought. An outline of past settlement efforts including information regarding the history of past settlement discussions, offers, and demands. A statement and explanation of any impediments to settlement. In prisoner cases, the amount of any restitution owed by the plaintiff. 2. Attendance of Trial Counsel and Parties Required The attorneys who will try the case and parties with full and complete settlement authority are required to personally attend the settlement conference.1 An insured party shall appear by a representative of the insurer who is authorized to negotiate, and who has authority to 1Insurance 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. 1 settle the matter up to the limits of the opposing parties’ existing settlement demand. An uninsured corporate party shall appear by a representative authorized to negotiate, and who has authority to settle the matter up to the amount of the opposing parties’ existing settlement demand or offer. It is difficult for a party who is not present to appreciate the process and the reasons that may justify a change in one’s perspective toward settlement. Accordingly, having a client with authority available by telephone is not an acceptable alternative, except under the most extenuating circumstances, and must be approved in advance by the judge. 3. Issues to Be Discussed The parties shall be prepared to discuss the following at the settlement conference: a. b. c. d. The strengths and weaknesses of their case. Their understanding of the opposing side’s view of the case. Their points of agreement and disagreement (factual and legal). Any financial, emotional, and/or legal impediments to settlement. 4. Statements Inadmissible Statements made by any party during the settlement conference are not to be used in discovery and will not be admissible at trial. 5. Procedures upon Settlement If the parties are able to reach a settlement, the general terms shall be placed on the record immediately. In most cases, all pending dates will be vacated, and the court will order that dispositional documents be filed within 60 days so that the case may be closed. 6. Questions If you have any questions specific to your case, you may contact Judge Delaney’s courtroom deputy, Lisa Kennison, by email at [email protected], or by phone at (916) 930-4004. 2