Hamilton v. Hart et al
Filing
105
ORDER regarding Settlement Conference set for 10/24/2017 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe; Personal Appearance by Plaintiff and Defense Counsel is required signed by Magistrate Judge Barbara A. McAuliffe on 1/13/2017. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DENNIS L. HAMILTON,
CASE NO. 1:10-cv-00272-DAD-EPG (PC)
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Plaintiff,
v.
ORDER REGARDING SETTLEMENT
CONFERENCE
JOHN HART, et al.,
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Defendants.
PERSONAL APPEARANCE BY PLAINTIFF
AND DEFENSE COUNSEL REQUIRED
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/
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This case is set for a Settlement Conference before Magistrate Judge Barbara A. McAuliffe on
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October 24, 2017, at 9:30 am in Courtroom 8 at the U.S. District Court, 2500 Tulare Street, Fresno,
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California, 93721. Unless otherwise permitted in advance by the Court, the attorneys who will try the
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case shall personally appear at the settlement conference with the parties and the person or persons
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having full authority to negotiate and settle the case, on any terms, at the conference. Plaintiff is
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required to personally appear at the settlement conference.
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No later than seven days prior to the settlement conference, each party shall submit directly to
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Judge McAuliffe’s chambers at bamorders@caed.uscourts.gov, a confidential settlement conference
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statement.
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statement to the Attention of Barbara A. McAuliffe, c/o Clerk’s Office, U.S. District Court, 2500
As Plaintiff is proceeding pro se in this action, Plaintiff shall mail his confidential
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Tulare Str., Room 1501, Fresno, CA 93721. This statement should neither be filed with the clerk of
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the Court nor served on any other party. Each statement shall be clearly marked “CONFIDENTIAL”
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with the date and time of the mandatory settlement conference indicated prominently.
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The settlement statement should not be lengthy but shall include a brief recitation of the facts,
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a discussion of the strengths and weaknesses of the case, an estimate of the cost and time to be
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expended for further pretrial and trial matters, and the relief sought. The parties are also directed to
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include a candid statement on the party’s position on settlement, including the amount which the
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party will accept to settle, realistic settlement expectations, present settlement proposals, and a
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history of past settlement discussions, offers, demands, and a report on settlement efforts to date.
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This Court will vacate the settlement conference if the Court finds the settlement conference
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will be neither productive nor meaningful to attempt to resolve all or part of this case. As far in
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advance of the settlement conference as possible, a party shall inform the Court and other parties that
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it believes the case is not in a settlement posture so the Court may vacate or reset the settlement
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conference. Otherwise the parties shall proceed with the settlement conference in good faith to attempt
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to resolve all or part of the case.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
January 13, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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