The court has scheduled an Early Neutral Evaluation Conference (that's a settlement conference):
Early Neutral Evaluation set for 12/9/2014 02:30 PM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 10/30/2014.(jpp)
Pretty standard. The court would like to see cases settled out of court whenever possible. And personal appearance of all parties is required.
Here's a link describing California settlement conferences (although this is a Federal case, the procedures are similar):
http://www.statebarcourt.ca.gov/ProceduresProgramsandRules/EarlyNeutralEvaluationConferences.aspx
Preparation for the conference:
◾In addition to the required draft notice of disciplinary charges, the court requests the parties submit a brief statement of the case, including their settlement positions.
◾Documents should be submitted as early as possible, but no later than three (3) court days in advance of the ENEC. The ENEC may be rescheduled if the ENEC Judge is not provided sufficient time to review the material.
◾In order to increase productivity, the court encourages the parties to exchange documents prior to the ENEC.
Conduct of the Conference:
◾The parties should be prepared to discuss the facts, the proposed charges and the potential for the imposition of discipline.
◾The ENEC Judge will address settlement of the case, and therefore, the parties should be prepared to discuss settlement positions and should have settlement authority.
◾In camera inspection of documents is permissible. While this may be necessary in some cases, the final evaluation may be based on information only available to one side which may lessen the opportunity for settlement.
Also worth noting that the defendants have also requested a jury trial, in each of their responses to the Second Amended Complaint,
before the Motion to Dismiss was denied. So, both the plaintiffs AND the defendants want this to go to a trial. Standard language, but everyone is on the same page about how the case should proceed, right? So, it will be interesting to see if anything comes out of the settlement conference.
I kind of doubt that the defendants will settle, but who knows? If the defendants want the case to have a low profile, and stay out of the media, they'll offer the full amount to settle, with a confidentiality stipulation, IMO. Then it all goes away for everyone, right? IMO, if they aren't worried about increased scrutiny and
lots of renewed publicity, and criticism, they won't settle, and it will proceed along toward trial.
*KZ note: I'm working on getting the settlement conference document posted if anyone wants it. Stand by! But here are a couple quotes in the interim (bolded in the original document)-- and this is standard language, from what I know of the process:
2. Personal Appearance of Parties Is Required: All parties, adjusters for
insured defendants, and other representatives of a party having full and complete
authority to enter into a binding settlement, and the principal attorneys responsible for the
litigation, must be present in person and legally and factually prepared to discuss
settlement of the case. Full authority to settle means that the individuals at the ENE be
authorized to fully explore settlement options and to agree at that time to any settlement
terms acceptable to the parties.
Counsel appearing without their clients (whether or not
counsel has been given settlement authority) will be cause for immediate imposition
of sanctions and will also result in the immediate termination of the conference.
Requests to Continue an ENE Conference: Local Rule 16.1(c) requires
that an ENE take place within 45 days of the filing of the first answer. Requests to
continue ENEs are rarely granted. However, the Court will consider formal, written ex
parte requests to continue an ENE conference when extraordinary circumstances exist
that make a continuance appropriate. In and of itself, having to travel a long distance to
appear in person is not extraordinary. Absent extraordinary circumstances, requests for
continuances will not be considered unless submitted in writing no less than seven (7)
days prior to the scheduled conference.
https://www.pacer.gov/
Can be accessed under case # 3:13-cv-01624-W-NLS