Shepard v. Quillen

Filing 180

ORDER Setting Settlement Conference, signed by Magistrate Judge Barbara A. McAuliffe on 02/08/2017. ( Settlement Conference set for 3/24/2017 at 08:30 AM before Magistrate Judge Stanley A. Boone at California State Prison, Corcoran, 4001 King Avenue, Corcoran, CA 93212) (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LAMONT SHEPARD, 12 Plaintiff, 13 v. 14 J. WISE, 15 Defendant. 16 Case No.: 1:09-cv-00809-BAM (PC) ORDER SETTING SETTLEMENT CONFERENCE Date: March 24, 2017 Time: 8:30 a.m. Place: California State Prison, Corcoran 4001 King Avenue, Corcoran, CA 93212 Plaintiff Lamont Shepard is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. 19 The Court has determined that this case will benefit from a settlement conference. Therefore, 20 this case will be referred to Magistrate Judge Stanley A. Boone to conduct a settlement conference at 21 the California State Prison, Corcoran (CSP-COR), 4001 King Avenue, Corcoran, CA 93212 on March 22 24, 2017, at 8:30 a.m. The Court will issue the necessary transportation order in due course. 23 In accordance with the above, IT IS HEREBY ORDERED that: 24 1. This case is set for a settlement conference before Magistrate Judge Stanley A. Boone on March 24, 2017, at CSP-COR. 25 2. A representative with full and unlimited authority to negotiate and enter into a binding 26 settlement shall attend in person. 27 28 /// 1 3. Those in attendance must be prepared to discuss the claims, defenses and damages. The 1 2 failure of any counsel, party or authorized person subject to this order to appear in person 3 may result in the imposition of sanctions. In addition, the conference will not proceed and 4 will be reset to another date. 4. Defendants shall provide a confidential settlement statement to the following email 5 6 address: Plaintiff shall mail his confidential settlement 7 statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, Magistrate 8 Judge Stanley A. Boone. The envelope shall be marked “Confidential Settlement 9 Statement”. Settlement statements shall arrive no later than March 17, 2017. Parties shall 10 also file a Notice of Submission of Confidential Settlement Conference Statement (See 11 Local Rule 270(d)). 5. Settlement statements should not be filed with the Clerk of the Court nor served on any 12 13 other party. Settlement statements shall be clearly marked Aconfidential@ with the date 14 and time of the settlement conference indicated prominently thereon. 6. The confidential settlement statement shall be no longer than five pages in length, typed 15 or neatly printed, and include the following: 16 17 a. A brief statement of the facts of the case. 18 b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 19 which the claims are founded; a forthright evaluation of the parties= likelihood of 20 prevailing on the claims and defenses; and a description of the major issues in 21 dispute. c. An estimate of the cost and time to be expended for further discovery, pretrial, and 22 trial. 23 d. The party=s position on settlement, including present demands and offers and a 24 history of past settlement discussions, offers, and demands. 25 26 /// 27 /// 28 /// 2 e. A brief statement of each party=s expectations and goals for the settlement 1 conference, including how much a party is willing to accept and/or willing to pay. 2 3 4 5 6 IT IS SO ORDERED. Dated: /s/ Barbara February 8, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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