Filed: Jul. 01, 2016
Latest Update: Jul. 01, 2016
Summary: ORDER SETTING SETTLEMENT CONFERENCE KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding through retained counsel, with a complaint filed pursuant to 42 U.S.C. 1983, Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and California state law. The court has determined that this case will benefit from a settlement conference. Therefore, this case will be set for a settlement conference before Magistrate Judge Kendall J
Summary: ORDER SETTING SETTLEMENT CONFERENCE KENDALL J. NEWMAN , Magistrate Judge . Plaintiff is a state prisoner, proceeding through retained counsel, with a complaint filed pursuant to 42 U.S.C. 1983, Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and California state law. The court has determined that this case will benefit from a settlement conference. Therefore, this case will be set for a settlement conference before Magistrate Judge Kendall J...
More
ORDER SETTING SETTLEMENT CONFERENCE
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff is a state prisoner, proceeding through retained counsel, with a complaint filed pursuant to 42 U.S.C. § 1983, Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and California state law. The court has determined that this case will benefit from a settlement conference. Therefore, this case will be set for a settlement conference before Magistrate Judge Kendall J. Newman on November 9, 2016, at 9:00 a.m., at the U. S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #25.
The parties will be required to file a signed Waiver of Disqualification (included below) no later than October 14, 2016.
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. This case is set for a settlement conference before Magistrate Judge Kendall J. Newman on November 9, 2016, at 9:00 a.m., at the U. S. District Court, 501 I Street, Sacramento, California 95814 in Courtroom #25.
2. Parties are required to file a signed Waiver of Disqualification, no later than October 14, 2016.
3. A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend in person.1
4. 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.
5. The parties are directed to exchange non-confidential settlement statements seven days prior to the settlement conference. These statements shall simultaneously be delivered to the court using the following email address: kjnorders@caed.uscourts.gov. 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).
WAIVER OF DISQUALIFICATION
Under Local Rule 270(b) of the Eastern District of California, the parties to the herein action affirmatively request that Magistrate Judge Newman participate in the settlement conference scheduled for November 9, 2016. To the extent the parties consent to trial of the case before the assigned magistrate judge, they waive any claim of disqualification to the assigned magistrate judge trying the case thereafter.
By:
Attorney for plaintiff
Dated:_________________
By:
Attorney for defendants
Dated:_________________
