Eckstein v. Porsche Cars North America, Inc. et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CAMERON ECKSTEIN,
Plaintiff,
v.
PORSCHE CARS NORTH AMERICA,
INC.; DOES 1–50,
Defendant.
Case No.: 3:26-cv-05626-RSH-AHG
NOTICE AND ORDER SETTING
EARLY NEUTRAL EVALUATION
CONFERENCE IN A SONG-
BEVERLY CONSUMER
WARRANTY CASE TO TAKE
PLACE VIA VIDEO CONFERENCE
IT IS ORDERED that an Early Neutral Evaluation (“ENE”) of your case will be held
on December 8, 20261 at 2:00 p.m. via videoconference before Magistrate Judge
Allison H. Goddard. In accordance with the Local Rules, the Court requires attendance of
all parties, party representatives, including claims adjusters for insured defendants, and the
primary attorney(s) responsible for the litigation via videoconference. CivLR 16.1(c)(1).
Based upon the Court’s familiarity with cases brought pursuant to the Song-Beverly
Consumer Warranty Act (the “Act”) relating to alleged defects in vehicles, and in the
1 Local Rule 16.1(c) requires that an ENE take place within forty-five (45) days of the filing
of the first answer. Unfortunately, the Court’s calendar does not allow for compliance with
the 45-day deadline in this case. The Court has set the ENE for the earliest date available
on its calendar.
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interest of promoting the just, efficient, and economical determination of this action, the
Court issues the following Mandatory Procedures to be followed in preparation for the
ENE:
1. Purpose of the Conference: The purpose of the ENE is to permit an informal
discussion between the attorneys and the settlement judge of every aspect of the lawsuit in
an effort to achieve an early resolution of the case. All conference discussions will be
informal, off the record, and confidential.
2. Full Settlement Authority Required: A party or party representative with
full and complete authority to enter into a binding settlement must be present via
videoconference. Full authority to settle means that a person must be authorized to fully
explore settlement options and to agree at that time to any settlement terms acceptable to
the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir.
1989). The person needs to have “unfettered discretion and authority” to change the
settlement position of a party. Pitman v. Brinker Int’l, Inc., 216 F.R.D. 481, 485–86 (D.
Ariz. 2003). One of the purposes of requiring a person with unlimited settlement authority
to attend the conference is that the person’s view of the case may be altered during the
conference. Id. at 486. Limited or sum certain authority is not adequate. Nick v. Morgan’s
Foods, Inc., 270 F.3d 590, 595–97 (8th Cir. 2001). A person who needs to call another
person who is not present on the videoconference before agreeing to any settlement
does not have full authority.
3. Required Statement by Plaintiff: No later than October 27, 2026, Plaintiff’s
counsel shall serve on opposing counsel a statement that sets forth the following
information:
a. the date and location of the vehicle purchase;
b. an itemized list of all claimed defects in the vehicle at issue, including
the date the defects were first discovered. Plaintiff should attach any records in the
Plaintiff’s possession, custody and control that reflect attempts to have the defects repaired;
c. the date and method (i.e., by phone, email, etc.) of any request by
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Plaintiff to Defendant to repurchase the vehicle;
d. the amount Plaintiff demands for restitution related to the purchase
price of the vehicle, including Plaintiff’s position as to the appropriate use offset; and
e. the amount Plaintiff demands in civil penalties under the Act and the
grounds for seeking an award of civil penalties, including but not limited to documentation
sufficient to demonstrate that Plaintiff complied with the pre-suit requirements set forth in
California Code of Civil Procedure Section 871.24 for seeking civil penalties.
4. Required Statement by Defendant: No later than November 17, 2026,
Defendant’s counsel shall serve on opposing counsel a statement that sets forth the
following information:
a. warranty information for the vehicle, including claims submitted to or
approved by Defendant concerning the vehicle;
b. service records for the vehicle, including service performed under a
warranty;
c. any records regarding a request by Plaintiff to repurchase the vehicle
and Defendant’s response thereto;
d. any dispute regarding the amount Plaintiff calculates to be due for
restitution, including the appropriate use offset; and
e. documentation of any response made by Defendant to any pre-suit
request for repurchase or replacement by Plaintiff pursuant to California Code of Civil
Procedure Section 871.24.
5. Meet and Confer Requirement: After service of Plaintiff’s statement and no
later than November 24, 2026, counsel for the parties, and any unrepresented parties, must
meet and confer in person or by videoconference to discuss settlement. Plaintiff’s
counsel is responsible for making arrangements for the conference. The meet and confer
obligation cannot be satisfied by telephone or the exchange of letters.
6. Joint ENE Statement Required: No later than December 1, 2026, counsel
for all parties shall lodge with Magistrate Judge Goddard’s chambers a joint statement no
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longer than two (2) pages, certifying that the required in-person or video conference
between counsel took place, and setting forth the results and the issues remaining to be
discussed at the ENE. The joint statement should attach the required statements by Plaintiff
and Defendant described above, and any attachments thereto. This joint statement should
be lodged via email at efile_goddard@casd.uscourts.gov.
7. Confidential ENE Statements Permitted: The parties may also submit a
confidential statement to the Court no later than December 1, 2026, of no more than five
(5) pages, directly to the chambers of Magistrate Judge Goddard providing any additional
confidential information in advance of the ENE conference. These statements shall not
be filed or served on opposing counsel. They shall be lodged via email at
efile_goddard@casd.uscourts.gov. The ENE statement is limited to five (5) pages or less.
There is not a page limit on exhibits. Parties should attach any documents that they
believe will be important for settlement discussion as exhibits to the ENE statement.
The Court may use GenAI tools to review the information that the parties submit. Either
party may object to the Court’s use of such tools by advising the Court’s law clerk of that
objection when they submit the information. The Court will respect that objection without
any further explanation, and the Court’s law clerk will only communicate to Judge Goddard
that there was an objection, not which party made the objection.
8. Case Management Conference: In the event the case does not settle at the
ENE, the Court will schedule a Case Management Conference (“CMC”) pursuant to Fed.
R. Civ. P 16(b). If either party believes it is necessary to engage in formal discovery prior
to the deadline for the Rule 26(f) conference, that party must meet and confer with the
opposing party and, if an agreement regarding formal discovery cannot be reached, the
parties must submit a joint email to efile_goddard@casd.uscourts.gov advising the Court
of the request for early discovery and setting forth three dates and times when the parties
are available for a conference with the Court on that issue.
9. Appearances via Videoconference Required: All persons who attend the
ENE must be legally and factually prepared to discuss and resolve the case. Counsel
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appearing without their clients (whether or not counsel has been given settlement authority)
will be subject to immediate imposition of sanctions. To facilitate the videoconference
ENE, the Court hereby orders as follows:
A. The Court will use its official Zoom video conferencing account
to hold the ENE. If you are unfamiliar with Zoom: Zoom is available
on computers through a download on the Zoom website
(https://zoom.us/meetings) or on mobile devices through the
installation of a free app.2 Joining a Zoom conference does not require
creating a Zoom account, but it does require downloading the .exe file
(if using a computer) or the app (if using a mobile device). Participants
are encouraged to create an account, install Zoom and familiarize
themselves with Zoom in advance of the ENE.3 There is a cost-free
option for creating a Zoom account.
B. Prior to the start of the ENE, the Court will email each participant an
invitation to join a Zoom video conference. Again, if possible,
participants are encouraged to use laptops or desktop computers for the
video conference, as mobile devices often offer inferior performance.
Participants shall join the video conference by following the ZoomGov
Meeting hyperlink in the invitation. Participants who do not have
Zoom already installed on their device when they click on the
ZoomGov Meeting hyperlink will be prompted to download and
install Zoom before proceeding. Zoom may then prompt participants
to enter the password included in the invitation.
2 If possible, participants are encouraged to use laptops or desktop computers for the video
conference, rather than mobile devices.
3 For help getting started with Zoom, visit: https://support.zoom.us/hc/en-
us/categories/200101697-Getting-Started.
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C. Each participant should plan to join the Zoom video conference at least
five minutes before the start of the ENE to ensure that the conference
begins promptly at 2:00 p.m.
D. Zoom’s functionalities will allow the Court to conduct the ENE as it
ordinarily would conduct an in-person one. The Court will divide
participants into separate, confidential sessions, which Zoom calls
Breakout Rooms.4 In a Breakout Room, the Court will be able to
communicate with participants from a single party in confidence.
Breakout Rooms will also allow parties and counsel to communicate
confidentially without the Court.
E. No later than December 1, 2026, counsel for each party shall send an
e-mail to the Court at efile_goddard@casd.uscourts.gov containing the
following:
i. The name and title of each participant, including all parties
and party representatives with full settlement authority, claims
adjusters for insured defendants, and the primary attorney(s)
responsible for the litigation;
ii. An e-mail address for each participant to receive the Zoom
videoconference invitation;
iii. A telephone number where each participant may be reached;
and
iv. A cell phone number for that party’s preferred point of
contact (and the name of the individual whose cell phone it is)
for the Court to use during the ENE to alert counsel via text
message that the Court will soon return to that party’s Breakout
4 For more information on what to expect when participating in a Zoom Breakout Room,
visit: https://support.zoom.us/hc/en-us/articles/115005769646.
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Room, to avoid any unexpected interruptions of confidential
discussions.
F. All participants shall display the same level of professionalism during
the ENE and be prepared to devote their full attention to the ENE as if
they were attending in person, i.e., cannot be driving or in a car while
speaking to the Court. Because Zoom may quickly deplete the battery
of a participant’s device, each participant should ensure that their
device is plugged in or that a charging cable is readily available during
the videoconference.
G. Counsel are advised that although the ENE will take place on Zoom, all
participants shall appear and conduct themselves as if it is proceeding
in a courtroom, i.e., all participants must dress in appropriate courtroom
attire.
10. New Parties Must be Notified by Plaintiff or Plaintiff’s Counsel:
Plaintiff’s counsel must give notice of the ENE to any Defendants who have been served
but who have not yet filed responsive pleadings as of the date of this Order. If any
Defendants have not yet been served, Plaintiff’s counsel must serve them with a copy of
this Order along with the summons and complaint.
11. The failure of any party to follow these mandatory procedures shall result
in the imposition of sanctions.
12. Questions regarding this case or these mandatory guidelines may be directed
to Judge Goddard’s law clerks at (619) 557-6162. Lodged statements should be emailed to
efile_goddard@casd.uscourts.gov.
13. A Notice of Right to Consent to Trial Before a United States Magistrate Judge
is attached for your review and consideration.
IT IS SO ORDERED.
Dated: October 8, 2026
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NOTICE OF RIGHT TO CONSENT TO TRIAL
BEFORE A UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. § 636(c), you are notified that a U.S.
Magistrate Judge of this district may, upon the consent of all parties, conduct any or all
proceedings, including a jury or non-jury trial, and order the entry of a final judgment.
Consent forms are available in the Clerk’s Office, and one is attached to this notice.
Plaintiff or counsel for the plaintiff is responsible to obtain the consent of all parties, should
they want to consent.
Be aware that your decision to consent or not to consent is entirely voluntary,
and should be communicated solely to the Clerk of Court. Only if all parties consent
will the Judge or Magistrate Judge to whom the case has been assigned be informed of your
decision.
Judgments of U.S. Magistrate Judges are appealable to the U.S. Court of Appeals in
accordance with this statute and the Federal Rules of Appellate Procedure.
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Notice of a magistrate judge's availability. A United States magistrate judge of this court is
available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to
order the entry of a final judgment. The judgment may then be appealed directly to the United
States court of appeals like any other judgment of this court. A magistrate judge may exercise this
authority only if all parties voluntarily consent.
You may consent to have your case referred to a magistrate judge, or you may withhold your
consent without adverse substantive consequences. The name of any party withholding consent will
not be revealed to any judge who may otherwise be involved with your case.
Consent to a magistrate judge's authority. The following parties consent to have a United States
magistrate judge conduct all proceedings in this case including trial, the entry of final judgment,
and all post-trial proceedings.
Printed Names Signatures of parties and attorneys Dates
REFERENCE ORDER
IT IS ORDERED: This case is referred to United States Magistrate Allison H. Goddard,
to conduct all proceedings and order entry of a final judgment in accordance with 28 U.S.C. §
636(c) and Fed. R. Civ. P. 73.
Date United States District Judge
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CAMERON ECKSTEIN,
Plaintiff
v.
PORSCHE CARS NORTH AMERICA, INC.;
DOES 1–50,
Defendant
Case No.: 3:26-cv-05626-RSH-AHG
NOTICE, CONSENT, AND
REFERENCE OF A CIVIL ACTION TO
A MAGISTRATE JUDGE
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