Filed: Nov. 29, 2016
Latest Update: Nov. 29, 2016
Summary: ORDER SETTING SETTLEMENT CONFERENCE ALLISON CLAIRE , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se with a civil rights action filed pursuant to 42 U.S.C. 1983. The Court has determined that this case will benefit from a settlement conference. Therefore, this case will be referred to Magistrate Judge Jennifer L. Thurston to conduct a settlement conference at Wasco State Prison (WSP), 701 Scofield Avenue, Wasco, California 93280 on January 4, 2017 at 9:30 a.m. In accor
Summary: ORDER SETTING SETTLEMENT CONFERENCE ALLISON CLAIRE , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se with a civil rights action filed pursuant to 42 U.S.C. 1983. The Court has determined that this case will benefit from a settlement conference. Therefore, this case will be referred to Magistrate Judge Jennifer L. Thurston to conduct a settlement conference at Wasco State Prison (WSP), 701 Scofield Avenue, Wasco, California 93280 on January 4, 2017 at 9:30 a.m. In accord..
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ORDER SETTING SETTLEMENT CONFERENCE
ALLISON CLAIRE, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se with a civil rights action filed pursuant to 42 U.S.C. § 1983. The Court has determined that this case will benefit from a settlement conference. Therefore, this case will be referred to Magistrate Judge Jennifer L. Thurston to conduct a settlement conference at Wasco State Prison (WSP), 701 Scofield Avenue, Wasco, California 93280 on January 4, 2017 at 9:30 a.m.
In accordance with the above, IT IS HEREBY ORDERED that:
1. This case is set for a settlement conference before Magistrate Judge Jennifer L. Thurston on January 4, 2017 at 9:30 a.m. at Wasco State Prison (WSP), 701 Scofield Avenue, Wasco, California 93280.
2. A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend in person.1
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. At least 21 days before the settlement conference, plaintiff SHALL submit to defendant, by mail, a written itemization of damages and a meaningful settlement demand, which includes a brief explanation of why such a settlement is appropriate, not to exceed ten pages in length. Thereafter, no later than 14 days before the settlement conference, defendant SHALL respond, by telephone or in person, with an acceptance of the offer or with a meaningful counteroffer, which includes a brief explanation of why such a settlement is appropriate. If settlement is achieved, defense counsel is to immediately inform the courtroom deputy of Magistrate Judge Thurston.
5. If settlement is not achieved informally, each party is directed to submit confidential settlement statements to the following email address: jltorders@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. The envelope shall be marked "Confidential Settlement Statement." Settlement statements shall arrive no later than December 28, 2016. Upon submission of confidential settlement statements, each party shall file on the docket 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.
6. The Clerk of the Court is directed to serve a copy of this order on the litigation office at Wasco State Prison via facsimile at (661) 758-7093.
