Moore v. California Department of Corrections and Rehabilitation et al

Filing 54

ORDER Setting Early Settlement Conference Pursuant to the Request of the Parties at the Scheduling Conference: SETTLEMENT CONFERENCE set for 9/21/2011 at 10:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. signed by Magistrate Judge Sandra M. Snyder on 8/3/2011. (Herman, H)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 CANDY Q. MOORE, ) ) Plaintiff, ) ) vs. ) ) CALIFORNIA DEPARTMENT OF ) CORRECTIONS AND REHABILITATION, ) et al., ) 16 Defendants. 1:10-cv-01165-LJO-SMS ORDER SETTING EARLY SETTLEMENT CONFERENCE PURSUANT TO THE REQUEST OF THE PARTIES AT THE SCHEDULING CONFERENCE Settlement Conference Date: 9/21/11, 10:00am, Ctrm. 9/DLB ) ) ) 17 18 1. 19 20 21 22 23 Date of Scheduling Conference: August 3, 2011. 2. Appearances of Counsel: Pro se plaintiff Candy Q. Moore appeared on her own behalf in propria persona. Deputy Attorney General Susan R. Denious appeared on 24 behalf of defendant, California Department of Corrections and 25 Rehabilitation (“CDCR”). 26 27 28 1 1 3. 2 Settlement Conference:1 September 21, 2011 at 10:00 a.m. in Courtroom No. 9 on 3 the Sixth Floor before the Honorable Dennis L. Beck, United States 4 Magistrate Judge. 5 Unless otherwise permitted in advance by Judge Beck, the 6 attorneys and/or parties who will try the case shall personally 7 appear at the Settlement Conference with the parties and the person 8 or persons having full authority to negotiate and settle the case 9 on any terms2 at the conference. 10 Permission for a party [not attorney] to attend by 11 telephone may be granted by Judge Beck upon request, by letter, 12 with a copy to the other parties, IF the party lives and works 13 outside the Eastern District of California, AND attendance in 14 person would constitute a hardship. 15 allowed, the party must be immediately available throughout the 16 conference, until excused, regardless of time zone differences. 17 Any other special arrangements desired in cases where settlement 18 authority rests with a governing body shall also be proposed, in 19 advance, by letter, and copied to all other parties. 20 // 21 / If telephone attendance is 22 23 1 24 The settlem ent conference date proposed to the parties at the scheduling conference was 9/20/11; however, Judge Beck already has a settlem ent conference set that m orning; hence, the slightly different date of 9/21/11. 25 2 26 27 28 Insurance carriers, business organizations, and governm ental bodies or agencies whose settlem ent agreem ents are subject to approval by legislative bodies, executive com m ittees, boards of directors, or the like, shall be represented by a person or persons who occupy high executive positions in the party organization, and who will be directly involved in the process of approval of any settlem ent offers or agreem ents. To the extent possible, the representative shall have the authority, if he or she deem s it appropriate, to settle the action on term s consistent with the opposing party’s m ost recent dem and. 2 1 CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT 2 NOTICE IS HEREBY GIVEN that a Confidential Settlement 3 Conference Statement is MANDATORY, and must be submitted to Judge 4 Beck’s chambers, at least five (5) court days prior to the 5 Settlement Conference, or by 9/14/11, by e-mail to 6 7 Moore is to mail her Confidential Settlement Conference Statement 8 directly to Judge Beck as follows: 9 However, pro se plaintiff Candy Q. Hon. Dennis L. Beck United States Magistrate Judge UNITED STATES DISTRICT COURT 2500 Tulare Street, Suite 1501 Fresno, CA 93721 10 11 12 The Statement should not be filed with the Clerk’s Office 13 nor served on any other party, although represented parties may 14 e-file a Notice of Lodging Confidential Settlement Conference 15 Statement. 16 with the date and time of the Settlement Conference indicated 17 prominently thereon. 18 of their Statements if settlement is not achieved and, if such a 19 request is not made, the Court will dispose of the Statement. 20 21 Each Statement shall be clearly marked "Confidential" The parties are urged to request the return Confidential Settlement Conference Statements (are typically typed and double spaced and) shall include the following: 22 A. A brief statement of the facts of the case. 23 B. A brief statement of the claims and defenses, i.e., 24 statutory or other grounds upon which the claims are founded; a 25 forthright evaluation of the parties' likelihood of prevailing on 26 the claims and defenses; and, a description of the major issues in 27 dispute. 28 C. A summary of the proceedings to date. 3 1 2 D. An estimate of the cost and time to be expended for further discovery, pretrial, and trial. 3 E. The relief sought. 4 F. The party's position on settlement, including 5 present demands and offers, and a history of past settlement 6 discussions, offers, and demands. 7 8 FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE IMPOSITION OF SANCTIONS. 9 10 IT IS SO ORDERED. 11 Dated: icido3 August 3, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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