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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DENNIS L. HAMILTON, CASE NO. 1:10-cv-00272-DAD-EPG (PC) 12 13 14 Plaintiff, v. ORDER REGARDING SETTLEMENT CONFERENCE JOHN HART, et al., 15 Defendants. PERSONAL APPEARANCE BY PLAINTIFF AND DEFENSE COUNSEL REQUIRED 16 17 / 18 19 This case is set for a Settlement Conference before Magistrate Judge Barbara A. McAuliffe on 20 October 24, 2017, at 9:30 am in Courtroom 8 at the U.S. District Court, 2500 Tulare Street, Fresno, 21 California, 93721. Unless otherwise permitted in advance by the Court, the attorneys who will try the 22 case shall personally appear at the settlement conference with the parties and the person or persons 23 having full authority to negotiate and settle the case, on any terms, at the conference. Plaintiff is 24 required to personally appear at the settlement conference. 25 No later than seven days prior to the settlement conference, each party shall submit directly to 26 Judge McAuliffe’s chambers at bamorders@caed.uscourts.gov, a confidential settlement conference 27 statement. 28 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 1 1 Tulare Str., Room 1501, Fresno, CA 93721. This statement should neither be filed with the clerk of 2 the Court nor served on any other party. Each statement shall be clearly marked “CONFIDENTIAL” 3 with the date and time of the mandatory settlement conference indicated prominently. 4 The settlement statement should not be lengthy but shall include a brief recitation of the facts, 5 a discussion of the strengths and weaknesses of the case, an estimate of the cost and time to be 6 expended for further pretrial and trial matters, and the relief sought. The parties are also directed to 7 include a candid statement on the party’s position on settlement, including the amount which the 8 party will accept to settle, realistic settlement expectations, present settlement proposals, and a 9 history of past settlement discussions, offers, demands, and a report on settlement efforts to date. 10 This Court will vacate the settlement conference if the Court finds the settlement conference 11 will be neither productive nor meaningful to attempt to resolve all or part of this case. As far in 12 advance of the settlement conference as possible, a party shall inform the Court and other parties that 13 it believes the case is not in a settlement posture so the Court may vacate or reset the settlement 14 conference. Otherwise the parties shall proceed with the settlement conference in good faith to attempt 15 to resolve all or part of the case. 16 17 18 19 IT IS SO ORDERED. Dated: /s/ Barbara January 13, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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