1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 JAHMIRA HINTON, Case No.: 3:25-cv-02040-JO-AHG 13 Plaintiff, ORDER GRANTING JOINT MOTION TO CONTINUE EARLY 14 v. NEUTRAL EVALUATION AND 15 EXPERIAN INFORMATION CASE MANAGEMENT SOLUTIONS INC., CONFERENCE 16
Defendant. 17 ECF No. 5
18 Before the Court is the Joint Motion to Continue Early Neutral Evaluation and Case 19 Management Conference. ECF No. 5. Good cause appearing, the motion is GRANTED. 20 The Early Neutral Evaluation (“ENE”) and Case Management Conference (“CMC”) 21 are RESET to December 5, 2025 at 9:30 a.m. via videoconference before Magistrate 22 Judge Allison H. Goddard. In accordance with the Local Rules, the Court requires 23 attendance of all parties, party representatives, including claims adjusters for insured 24 defendants, and the primary attorney(s) responsible for the litigation via videoconference. 25 CivLR 16.1(c)(1). 26 The Court issues the following Mandatory Procedures to be followed in 27 preparation for the ENE: 28 1 1. Purpose of the Conference: The purpose of the ENE is to permit an informal 2 discussion between the attorneys and the settlement judge of every aspect of the lawsuit in 3 an effort to achieve an early resolution of the case. All conference discussions will be 4 informal, off the record, and confidential. 5 2. Full Settlement Authority Required: A party or party representative with 6 full and complete authority to enter into a binding settlement must be present via 7 videoconference. Full authority to settle means that a person must be authorized to fully 8 explore settlement options and to agree at that time to any settlement terms acceptable to 9 the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 10 1989). The person needs to have “unfettered discretion and authority” to change the 11 settlement position of a party. Pitman v. Brinker Int’l, Inc., 216 F.R.D. 481, 485–86 (D. 12 Ariz. 2003). Limited or sum certain authority is not adequate. Nick v. Morgan’s Foods, 13 Inc., 270 F.3d 590, 595–97 (8th Cir. 2001). A person who needs to call another person 14 who is not present on the videoconference before agreeing to any settlement does not 15 have full authority. 16 3. Confidential ENE Statements Required: No later than 17 November 25, 2025, the parties shall submit confidential statements of five (5) pages or 18 less directly to the chambers of Magistrate Judge Goddard outlining the nature of the case, 19 the claims, and the defenses. These statements shall not be filed or served on opposing 20 counsel. They shall be lodged via email at efile_goddard@casd.uscourts.gov. The ENE 21 statement is limited to five (5) pages or less. There is not a page limit on exhibits. Each 22 party’s ENE statement must outline: 23 A. the nature of the case and the claims, 24 B. position on liability or defense, 25 C. position regarding settlement of the case with a specific1 26
27 1 A general statement, such as that a party “will negotiate in good faith,” is not a specific 28 1 demand/offer for settlement, and 2 D. any previous settlement negotiations or mediation efforts. 3 The Court may use GenAI tools to review the information that the parties submit. Either 4 party may object to the Court’s use of such tools by advising the Court’s law clerk of that 5 objection when they submit the information. The Court will respect that objection without 6 any further explanation, and the Court’s law clerk will only communicate to Judge Goddard 7 that there was an objection, not which party made the objection. 8 4. Case Management Conference: In the event the case does not settle at the 9 ENE, the Court will immediately thereafter hold a Case Management Conference (“CMC”) 10 pursuant to Fed. R. Civ. P. 16(b). Appearance of the parties at the CMC is not required. 11 The Court orders the following to occur before the CMC: 12 A. The meet parties must meet and confer pursuant to Fed. R. Civ. P. 26(f) 13 no later than October 21, 2025. 14 B. The parties must file a Joint Case Management Statement by 15 November 24, 2025. The Joint Case Management Statement must 16 address all points in the “Joint Case Management Statement 17 Requirements for Magistrate Judge Allison H. Goddard,” which can 18 be found on the court website at: 19 https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Join 20 t%20Case%20Management%20Statement%20Rules.pdf. 21 C. Initial disclosures pursuant to Rule 26(a)(1)(A-D) must occur by 22 November 4, 2025. 23 5. Appearances via Videoconference Required: All named parties, party 24 representatives, including claims adjusters for insured defendants, as well as principal 25
26 27 2 If a specific demand or offer cannot be made at the time the ENE statement is submitted, then the reasons as to why a demand or offer cannot be made must be stated. Further, the 28 1 attorney(s) responsible for the litigation must attend the ENE via videoconference. All who 2 attend the ENE must be legally and factually prepared to discuss and resolve the case. 3 Counsel appearing without their clients (whether or not counsel has been given settlement 4 authority) will be subject to immediate imposition of sanctions. To facilitate the 5 videoconference ENE, the Court hereby orders as follows: 6 A. The Court will use its official Zoom video conferencing account to hold 7 the ENE. If you are unfamiliar with Zoom: Zoom is available on 8 computers through a download on the Zoom website 9 (https://zoom.us/meetings) or on mobile devices through the 10 installation of a free app.3 Joining a Zoom conference does not require 11 creating a Zoom account, but it does require downloading the .exe file 12 (if using a computer) or the app (if using a mobile device). Participants 13 are encouraged to create an account, install Zoom and familiarize 14 themselves with Zoom in advance of the ENE.4 There is a cost-free 15 option for creating a Zoom account. 16 B. Prior to the start of the ENE, the Court will email each participant an 17 invitation to join a Zoom video conference. Again, if possible, 18 participants are encouraged to use laptops or desktop computers for the 19 video conference, as mobile devices often offer inferior performance. 20 Participants shall join the video conference by following the ZoomGov 21 Meeting hyperlink in the invitation. Participants who do not have 22 Zoom already installed on their device when they click on the 23
24 25 3 If possible, participants are encouraged to use laptops or desktop computers for the video conference, rather than mobile devices. 26
27 4 For help getting started with Zoom, visit: https://support.zoom.us/hc/en- us/categories/200101697-Getting-Started 28 1 ZoomGov Meeting hyperlink will be prompted to download and 2 install Zoom before proceeding. Zoom may then prompt participants 3 to enter the password included in the invitation. 4 C. Each participant should plan to join the Zoom video conference at least 5 five minutes before the start of the ENE to ensure that the conference 6 begins promptly at 9:30 a.m. 7 D. Zoom’s functionalities will allow the Court to conduct the ENE as it 8 ordinarily would conduct an in-person one. The Court will divide 9 participants into separate, confidential sessions, which Zoom calls 10 Breakout Rooms.5 In a Breakout Room, the Court will be able to 11 communicate with participants from a single party in confidence.
Free access — add to your briefcase to read the full text and ask questions with AI
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 JAHMIRA HINTON, Case No.: 3:25-cv-02040-JO-AHG 13 Plaintiff, ORDER GRANTING JOINT MOTION TO CONTINUE EARLY 14 v. NEUTRAL EVALUATION AND 15 EXPERIAN INFORMATION CASE MANAGEMENT SOLUTIONS INC., CONFERENCE 16
Defendant. 17 ECF No. 5
18 Before the Court is the Joint Motion to Continue Early Neutral Evaluation and Case 19 Management Conference. ECF No. 5. Good cause appearing, the motion is GRANTED. 20 The Early Neutral Evaluation (“ENE”) and Case Management Conference (“CMC”) 21 are RESET to December 5, 2025 at 9:30 a.m. via videoconference before Magistrate 22 Judge Allison H. Goddard. In accordance with the Local Rules, the Court requires 23 attendance of all parties, party representatives, including claims adjusters for insured 24 defendants, and the primary attorney(s) responsible for the litigation via videoconference. 25 CivLR 16.1(c)(1). 26 The Court issues the following Mandatory Procedures to be followed in 27 preparation for the ENE: 28 1 1. Purpose of the Conference: The purpose of the ENE is to permit an informal 2 discussion between the attorneys and the settlement judge of every aspect of the lawsuit in 3 an effort to achieve an early resolution of the case. All conference discussions will be 4 informal, off the record, and confidential. 5 2. Full Settlement Authority Required: A party or party representative with 6 full and complete authority to enter into a binding settlement must be present via 7 videoconference. Full authority to settle means that a person must be authorized to fully 8 explore settlement options and to agree at that time to any settlement terms acceptable to 9 the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 10 1989). The person needs to have “unfettered discretion and authority” to change the 11 settlement position of a party. Pitman v. Brinker Int’l, Inc., 216 F.R.D. 481, 485–86 (D. 12 Ariz. 2003). Limited or sum certain authority is not adequate. Nick v. Morgan’s Foods, 13 Inc., 270 F.3d 590, 595–97 (8th Cir. 2001). A person who needs to call another person 14 who is not present on the videoconference before agreeing to any settlement does not 15 have full authority. 16 3. Confidential ENE Statements Required: No later than 17 November 25, 2025, the parties shall submit confidential statements of five (5) pages or 18 less directly to the chambers of Magistrate Judge Goddard outlining the nature of the case, 19 the claims, and the defenses. These statements shall not be filed or served on opposing 20 counsel. They shall be lodged via email at efile_goddard@casd.uscourts.gov. The ENE 21 statement is limited to five (5) pages or less. There is not a page limit on exhibits. Each 22 party’s ENE statement must outline: 23 A. the nature of the case and the claims, 24 B. position on liability or defense, 25 C. position regarding settlement of the case with a specific1 26
27 1 A general statement, such as that a party “will negotiate in good faith,” is not a specific 28 1 demand/offer for settlement, and 2 D. any previous settlement negotiations or mediation efforts. 3 The Court may use GenAI tools to review the information that the parties submit. Either 4 party may object to the Court’s use of such tools by advising the Court’s law clerk of that 5 objection when they submit the information. The Court will respect that objection without 6 any further explanation, and the Court’s law clerk will only communicate to Judge Goddard 7 that there was an objection, not which party made the objection. 8 4. Case Management Conference: In the event the case does not settle at the 9 ENE, the Court will immediately thereafter hold a Case Management Conference (“CMC”) 10 pursuant to Fed. R. Civ. P. 16(b). Appearance of the parties at the CMC is not required. 11 The Court orders the following to occur before the CMC: 12 A. The meet parties must meet and confer pursuant to Fed. R. Civ. P. 26(f) 13 no later than October 21, 2025. 14 B. The parties must file a Joint Case Management Statement by 15 November 24, 2025. The Joint Case Management Statement must 16 address all points in the “Joint Case Management Statement 17 Requirements for Magistrate Judge Allison H. Goddard,” which can 18 be found on the court website at: 19 https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Join 20 t%20Case%20Management%20Statement%20Rules.pdf. 21 C. Initial disclosures pursuant to Rule 26(a)(1)(A-D) must occur by 22 November 4, 2025. 23 5. Appearances via Videoconference Required: All named parties, party 24 representatives, including claims adjusters for insured defendants, as well as principal 25
26 27 2 If a specific demand or offer cannot be made at the time the ENE statement is submitted, then the reasons as to why a demand or offer cannot be made must be stated. Further, the 28 1 attorney(s) responsible for the litigation must attend the ENE via videoconference. All who 2 attend the ENE must be legally and factually prepared to discuss and resolve the case. 3 Counsel appearing without their clients (whether or not counsel has been given settlement 4 authority) will be subject to immediate imposition of sanctions. To facilitate the 5 videoconference ENE, the Court hereby orders as follows: 6 A. The Court will use its official Zoom video conferencing account to hold 7 the ENE. If you are unfamiliar with Zoom: Zoom is available on 8 computers through a download on the Zoom website 9 (https://zoom.us/meetings) or on mobile devices through the 10 installation of a free app.3 Joining a Zoom conference does not require 11 creating a Zoom account, but it does require downloading the .exe file 12 (if using a computer) or the app (if using a mobile device). Participants 13 are encouraged to create an account, install Zoom and familiarize 14 themselves with Zoom in advance of the ENE.4 There is a cost-free 15 option for creating a Zoom account. 16 B. Prior to the start of the ENE, the Court will email each participant an 17 invitation to join a Zoom video conference. Again, if possible, 18 participants are encouraged to use laptops or desktop computers for the 19 video conference, as mobile devices often offer inferior performance. 20 Participants shall join the video conference by following the ZoomGov 21 Meeting hyperlink in the invitation. Participants who do not have 22 Zoom already installed on their device when they click on the 23
24 25 3 If possible, participants are encouraged to use laptops or desktop computers for the video conference, rather than mobile devices. 26
27 4 For help getting started with Zoom, visit: https://support.zoom.us/hc/en- us/categories/200101697-Getting-Started 28 1 ZoomGov Meeting hyperlink will be prompted to download and 2 install Zoom before proceeding. Zoom may then prompt participants 3 to enter the password included in the invitation. 4 C. Each participant should plan to join the Zoom video conference at least 5 five minutes before the start of the ENE to ensure that the conference 6 begins promptly at 9:30 a.m. 7 D. Zoom’s functionalities will allow the Court to conduct the ENE as it 8 ordinarily would conduct an in-person one. The Court will divide 9 participants into separate, confidential sessions, which Zoom calls 10 Breakout Rooms.5 In a Breakout Room, the Court will be able to 11 communicate with participants from a single party in confidence. 12 Breakout Rooms will also allow parties and counsel to communicate 13 confidentially without the Court. 14 E. No later than November 25, 2025, counsel for each party shall send an 15 e-mail to the Court at efile_goddard@casd.uscourts.gov containing the 16 following: 17 i. The name and title of each participant, including all parties 18 and party representatives with full settlement authority, claims 19 adjusters for insured defendants, and the primary attorney(s) 20 responsible for the litigation; 21 ii. An e-mail address for each participant to receive the Zoom 22 videoconference invitation; 23 iii. A telephone number where each participant may be reached; 24 and 25 iv. A cell phone number for that party’s preferred point of 26
27 5 For more information on what to expect when participating in a Zoom Breakout Room, 28 1 contact (and the name of the individual whose cell phone it is) 2 for the Court to use during the ENE to alert counsel via text 3 message that the Court will soon return to that party’s Breakout 4 Room, to avoid any unexpected interruptions of confidential 5 discussions. 6 F. All participants shall display the same level of professionalism during 7 the ENE and be prepared to devote their full attention to the ENE as if 8 they were attending in person, i.e., cannot be driving or in a car while 9 speaking to the Court. Because Zoom may quickly deplete the battery 10 of a participant’s device, each participant should ensure that their 11 device is plugged in or that a charging cable is readily available during 12 the videoconference. 13 G. Counsel are advised that although the ENE will take place on Zoom, all 14 participants shall appear and conduct themselves as if it is proceeding 15 in a courtroom, i.e., all participants must dress in appropriate courtroom 16 attire. 17 H. If the case does not settle during the ENE, the Court will hold the CMC 18 immediately following the ENE with counsel only in the main session. 19 6. New Parties Must be Notified by Plaintiff or Plaintiff’s Counsel: 20 Plaintiff’s counsel must give notice of the ENE to any Defendants who have been served 21 but who have not yet filed responsive pleadings as of the date of this Order. If any 22 Defendants have not yet been served, Plaintiff’s counsel must serve them with a copy of 23 this Order along with the summons and complaint. 24 7. The failure of any party to follow these mandatory procedures shall result 25 in the imposition of sanctions. 26 // 27 // 28 // 1 8. Questions regarding this case or these mandatory guidelines may be directed 2 || to Judge Goddard’s law clerks at (619) 557-6162. Lodged statements should be emailed to 3 _goddard@casd.uscourts.gov. 4 IT IS SO ORDERED. 5 ||Dated: October 14, 2025 6 7 Wioev tH. Kovolarve 8 Honorable Allison H. Goddard 9 United States Magistrate Judge
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28