Filed: Apr. 01, 2014
Latest Update: Apr. 01, 2014
Summary: ORDER REFERRING CASE TO PRISONER SETTLEMENT PROGRAM AND SETTING SETTLEMENT CONFERENCE SHEILA K. OBERTO, Magistrate Judge. Plaintiff Alex Lamota Marti, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. 1983 on May 9, 2008. This action is proceeding on Plaintiff's amended complaint against Defendants Baires, Garza, and Knight for retaliation, in violation of the First Amendment of the United States Constitution. (Docs. 12, 13.) Upon
Summary: ORDER REFERRING CASE TO PRISONER SETTLEMENT PROGRAM AND SETTING SETTLEMENT CONFERENCE SHEILA K. OBERTO, Magistrate Judge. Plaintiff Alex Lamota Marti, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. 1983 on May 9, 2008. This action is proceeding on Plaintiff's amended complaint against Defendants Baires, Garza, and Knight for retaliation, in violation of the First Amendment of the United States Constitution. (Docs. 12, 13.) Upon ..
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ORDER REFERRING CASE TO PRISONER SETTLEMENT PROGRAM AND SETTING SETTLEMENT CONFERENCE
SHEILA K. OBERTO, Magistrate Judge.
Plaintiff Alex Lamota Marti, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on May 9, 2008. This action is proceeding on Plaintiff's amended complaint against Defendants Baires, Garza, and Knight for retaliation, in violation of the First Amendment of the United States Constitution. (Docs. 12, 13.)
Upon review, the Court finds it appropriate to refer this action to the Prisoner Settlement Program and to set it for a settlement conference on June 9, 2014, at 9:30 a.m. before United States Magistrate Judge Carolyn K. Delaney in Courtroom #24 of United States District Court, 501 I Street, Sacramento, California, 95814.
Accordingly, the Court HEREBY ORDERS as follows:
1. This case is referred to the Prisoner Settlement Program and is set for a settlement conference on June 9, 2014, at 9:30 a.m. at in Courtroom #24 of the United States District Court, 501 Street, Sacramento, California, 95814.
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 person.1
3. Those in attendance must be prepared to discuss the claims, defenses and relief sought. 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. Each party shall (1) provide a confidential settlement conference statement, described below, to Sujean Park, ADR Division, 501 I Street, Suite 4-200, Sacramento, California, 95814, or via e-mail at spark@caed.uscourts.gov, to arrive no later than May 27, 2014, and (2) file a Notice of Submission of Confidential Settlement Conference Statement (See Local Rule 270(d)). Settlement statements should not be filed with the Clerk of the Court or 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, e.g., 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.
