E.D. Cal. L.R. 270

(a) Setting of Settlement Conferences. A settlement conference shall be

held in all actions unless otherwise ordered by the Court on objection of a party or for

other good cause. Counsel shall notify the Court when the settlement conference is set

if the litigation is unusual or complex and if there is a need to provide for additional time

or special arrangements to ensure that the settlement conference will be meaningful.

(b) Settlement Conferences Before the Assigned Trial Judge or Assigned

Magistrate Judge. Unless all the parties affirmatively request that the assigned trial

Judge participate in the conference and waive in writing any claim of disqualification on

that basis to act as the trial Judge in the action thereafter, the assigned trial Judge shall

not conduct the settlement conference. See L.R. 240(a)(16). If the assigned Magistrate

Judge is not the trial Judge, this Rule does not prohibit the assigned Magistrate Judge

from conducting the conference, in his or her discretion, except that, at the time the

settlement conference is scheduled or as otherwise ordered by the Court, any party may

request that the conference not be conducted by the assigned Magistrate Judge.

(c) Settlement Conference Statements. Unless otherwise ordered by the

Court, the submission of settlement conference statements before the conference is

optional. Statements submitted before the conference are reviewed in preparation for the

conference and may assist in achieving the goals of the conference; they should be

drafted with that purpose in mind.

(d) Confidentiality of Settlement Conference Statements. Settlement

conference statements shall not be disclosed to the Judge or Magistrate Judge assigned

to try the action unless the parties have agreed, and the Judge or Magistrate Judge has

approved, that such Judge or Magistrate Judge will preside at the settlement conference.

Settlement conference statements may be e-mailed in .pdf format directly to the

courtroom deputy clerk of the Judge or Magistrate Judge before whom the settlement

conference is to be held or may be submitted in paper directly to chambers. If the

statement is confidential, it must be clearly captioned to reveal its confidential character.

If a party is submitting a confidential settlement conference statement, the party must file

a one page document entitled "Notice of Submission of Confidential Settlement

Conference Statement." That filing, if done electronically, will thereby effect service of

this notice on all other parties. If the notice is filed conventionally, the filing party must

serve all other parties. The parties may agree, or not, to serve each other with the

settlement statements.

(e) Return of Settlement Conference Statements. At the completion of the

settlement conference, the Judge or Magistrate Judge before whom the settlement

conference is held shall return the statements to the respective parties who submitted

them or otherwise dispose of them. Settlement conference statements shall not be filed

or made a part of the Court's records.

(f) Participation of a Principal.

(1) United States Not a Party. In actions in which the United States is

not a party, and unless specifically permitted otherwise by the Judge or Magistrate Judge

conducting the settlement conference, counsel shall be accompanied in person by a

person capable of disposition, or shall be fully authorized to settle the matter at the

settlement conference on any terms. When settlement must be approved by a vote of a

party's governing body, unless specifically permitted otherwise by the Judge or Magistrate

Judge conducting the settlement conference, counsel shall be designated or shall be

accompanied in person by a representative designated by the body who shall have

learned the body's preconference disposition relative to settlement.

(2) United States a Party. In actions in which the United States is a

party, the attorney for the United States shall obtain the approval of the United States

Attorney to compromise any matter within the authority delegated to the United States

Attorney by rule or regulation of the Attorney General. If such delegated authority to

approve a compromise settlement is limited by the opposition of another federal agency,

a responsible and knowledgeable representative of such agency shall attend the

conference. In other actions in which the approval of officials of the Department of Justice

in Washington, D.C. is required for a compromise settlement, the attorney for the United

States shall, before the settlement conference, attempt to confer with such officials, or

their appropriate representatives, to determine the terms and conditions upon which a

compromise settlement would be approved. If a tentative compromise settlement that is

within such terms and conditions is agreed to at the conference, the attorney for the

United States shall promptly recommend it to and seek the required approval of the

appropriate official.