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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DANIELLE SMITH, et al.,

Plaintiffs,

v.

PEPSI AMERICAS, et al.,

Defendants.

Case No. 08-cv-02742-SI (SK)

NOTICE OF SETTLEMENT

CONFERENCE AND SETTLEMENT 

CONFERENCE ORDER

TO ALL PARTIES AND COUNSEL OF RECORD:

The above matter was referred to Magistrate Judge Sallie Kim for settlement purposes. 

You are hereby notified that a Settlement Conference is scheduled for Friday, April 1, 

2016 at 9:30 a.m. in Courtroom A, 15th Floor, Federal Building, 450 Golden Gate Avenue, San 

Francisco, California 94102. 

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(s) with unlimited 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. 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 no later than the Settlement Conference Statement.

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United States District Court

Northern District of California

Each party shall prepare a Settlement Conference Statement, which must be 

LODGED with the undersigned’s Chambers (NOT electronically filed) no later than 

Monday, March 28, 2016. Please 3-hole punch the document at the left side.

All parties shall also submit their Settlement Conference Statement in .pdf format 

and email their statement to SKPO@cand.uscourts.gov.

The Settlement Conference Statement need not be served on opposing counsel. The 

parties are encouraged, however, to exchange Settlement Conference Statements. The parties 

should specify in their Settlement Conference Statement whether or not they served it on opposing 

counsel. If Settlement Conference Statements are exchanged, any party may submit an additional 

confidential settlement letter to the Court not to exceed three (3) pages. The contents of this 

confidential settlement letter will not be disclosed to the other parties. 

The Settlement Conference Statement shall not exceed ten (10) pages of text and twenty 

(20) pages of exhibits and shall include the following:

1. A brief statement of the facts of the case.

2. A brief statement of the claims and defenses including, but not limited to, statutory 

or other grounds upon which the claims are founded and a candid evaluation of the 

parties’ likelihood of prevailing on the claims and defenses.

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. A summary of the proceedings to date and any pending motions.

5. An estimate of the cost and time to be expended for further discovery, pretrial and 

trial.

6. The relief sought, including an itemization of damages.

7. The party’s position on settlement, including present demands and offers and a 

history of past settlement discussions.

It is not unusual for the conference to last three (3) or more hours. The parties should be 

prepared to discuss such issues as:

1. Their settlement objectives.

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United States District Court

Northern District of California

2. Any impediments to settlement they perceive.

3. Whether they have enough information to discuss settlement. If not, what 

additional information is needed?

4. The possibility of a creative resolution of the dispute.

The parties shall notify Chambers immediately at (415) 522-2112 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.

Dated: March 17, 2016

________________________

SALLIE KIM

United States Magistrate Judge

Case 3:08-cv-02742-SI Document 311 Filed 03/17/16 Page 3 of 3