Billups v. Lomeli

Filing 89

ORDER SETTING Settlement Conference Before The Honorable Jennifer L. Thurston, signed by District Judge David C. Bury on 4/11/12: Settlement Conference set for 5/14/2012 at 01:00 PM before Magistrate Judge Jennifer L. Thurston at Avenal State Prison (ASP); The Clerk of the Court is DIRECTED to serve a copy of this Order on the Litigation Office at ASP at [phone]. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DERRICK LEE BILLUPS,

No. CV-06-1014-DCB P

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Plaintiff,
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ORDER SETTING SETTLEMENT
CONFERENCE BEFORE THE
HONORABLE JENNIFER L. THURSTON

vs.
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SERGEANT LOMELI,
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Defendant.

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Date:
Time:
Location:

May 14, 2012
1 p.m.
Avenal State Prison (ASP)

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This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Derrick Lee

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Billups, a state prisoner proceeding pro se. This case shall be referred to United States Magistrate

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Judge Jennifer L. Thurston to conduct a settlement conference.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. This case is set for a settlement conference before Magistrate Judge Jennifer L.

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Thurston on May 14, 2012, at 1:00 p.m. at ASP, #1 Kings Way, Avenal, California 93204;
2. Parties shall appear at the settlement conference with full authority to negotiate
and settle the case on any terms;
3. At least 21 days before the settlement conference, Plaintiff SHALLsubmit to

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Defendant by mail, a written itemization of damages and a meaningful settlement demand which

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includes a brief explanation of why such a settlement is appropriate. Thereafter, no later than 14

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days before the settlement conference, Defendant SHALL respond, via fax or mail, with an
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acceptance of the offer or with a meaningful counteroffer which includes a brief explanation of

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why such a settlement is appropriate.

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4. If settlement is not achieved, each party SHALL provide a confidential

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settlement conference statement to Sujean Park, ADR Coordinator, 501 I Street, Suite 4-200,

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Sacramento, California 95814, so they arrive no later than May 4, 2012 and file a Notice of

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Submission of Confidential Settlement Conference Statement (See L.R. 270(d)); Settlement

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statements should not be filed with the Clerk of the Court nor served on any other party.

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Settlement statements shall be clearly marked “CONFIDENTIAL” with the date and time of the

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settlement conference indicated prominently thereon. The confidential settlement statement shall

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be no longer than five pages in length, typed or neatly printed, and include the following:

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a

A brief statement of the facts of the case.

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b

A brief statement of the claims and defenses, i.e., statutory or other grounds upon

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which the claims are founded; a forthright evaluation of the parties likelihood of

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prevailing on the claims and defenses; and a description of the major issues in dispute.

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c

A summary of the proceedings to date.

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d

An estimate of the cost and time to be expended for further discovery, pretrial, and

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trial.

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e

The relief sought.

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f

The party’s position on settlement, including present demands and offers and a history

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of past settlement discussions, offers, and demands.
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A brief statement of each party’s expectations and goals for the settlement
conference.

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5. The Clerk of the Court is directed to serve a copy of this order on the
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Litigation Office at ASP at [phone].
DATED this 11th day of April, 2012.

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