Filed: Feb. 15, 2017
Latest Update: Feb. 15, 2017
Summary: ORDER SETTING SETTLEMENT CONFERENCE (Doc. 71) SHEILA K. OBERTO , Magistrate Judge . Plaintiff, Juan Chavez, is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. On March 18, 2016, the court ordered parties to advise the court whether a settlement conference would be beneficial. (Doc. 44.) The parties responded that they believed a settlement conference would be beneficial in this case. (Doc. 49 & 53.) A settlement confer
Summary: ORDER SETTING SETTLEMENT CONFERENCE (Doc. 71) SHEILA K. OBERTO , Magistrate Judge . Plaintiff, Juan Chavez, is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. On March 18, 2016, the court ordered parties to advise the court whether a settlement conference would be beneficial. (Doc. 44.) The parties responded that they believed a settlement conference would be beneficial in this case. (Doc. 49 & 53.) A settlement confere..
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ORDER SETTING SETTLEMENT CONFERENCE
(Doc. 71)
SHEILA K. OBERTO, Magistrate Judge.
Plaintiff, Juan Chavez, is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 18, 2016, the court ordered parties to advise the court whether a settlement conference would be beneficial. (Doc. 44.) The parties responded that they believed a settlement conference would be beneficial in this case. (Doc. 49 & 53.)
A settlement conference was held on December 9, 2016 before Magistrate Judge Michael J. Seng. The case did not settle. On February 8, 2017, plaintiff filed a motion for a court settlement conference. (Doc. 71.) The court believes a further settlement conference would be beneficial in this case; therefore, this case will be set for a further settlement conference before Magistrate Judge Michael J. Seng at the U. S. District Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom #6 on March 9, 2017 at 1:30 p.m.
A separate order and writ of habeas corpus ad testificandum will issue concurrently with this order.
In accordance with the above, IT IS HEREBY ORDERED that:
1. A further settlement conference is set for March 9, 2017 at 1:30 p.m. in Courtroom #6 before Magistrate Judge Michael J. Seng at the U. S. District Court, 2500 Tulare Street, Fresno, California 93721.
2. Defendants' lead counsel and a person with full and unlimited authority to negotiate and enter into a binding settlement on defendants' behalf shall attend in person1.
3. Those in attendance must be prepared to discuss the claims, defenses and damages. The failure of any counsel, party or authorized person subject to this order to appear in person may result in the imposition of sanctions. In addition, the conference will not proceed and will be reset to another date.
4. The parties are directed to submit confidential settlement statements no later than March 2, 2017 to mjsorders@caed.uscourts.gov. Plaintiff shall mail his confidential settlement statement to Sujean Park, ADR & Pro Bono Program Director, USDC CAED, 501 I Street, Suite 4-200, Sacramento, California 95814 so it arrives no later than March 2, 2017. The envelope shall be marked "Confidential Settlement Statement." If a party desires to share additional confidential information with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). Parties are also directed to file a "Notice of Submission of Confidential Settlement Statement" (See L.R. 270(d)).
Settlement statements should not be filed with the Clerk of the Court nor served on any other party. Settlement statements shall be clearly marked "confidential" with the date and time of the settlement conference indicated prominently thereon. The confidential settlement statement shall be no longer than five pages in length, typed or neatly printed, and include the following:
a. A brief statement of the facts of the case.
b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on the claims and defenses; and a description of the major issues in dispute.
c. A summary of the proceedings to date.
d. An estimate of the cost and time to be expended for further discovery, pretrial, and trial.
e. The relief sought.
f. The party's position on settlement, including present demands and offers and a history of past settlement discussions, offers, and demands.
g. A brief statement of each party's expectations and goals for the settlement conference.
IT IS SO ORDERED.
