Rangel v. Tilton et al

Filing 127

ORDER SETTING Settlement Conference: SETTLEMENT CONFERENCE set for 4/21/2016 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Plaintiff must appear in person at the settlement conference. No later than s even days prior to the settlement conference, each party shall submit directly to Judge Obertos chambers at [e-mail], a confidential settlement conference statement. signed by Magistrate Judge Barbara A. McAuliffe on 3/31/2016. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEONARDO JOSEPH RANGEL,

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Plaintiff,

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v.
D. LATRAILLE, et al.,

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Defendants.

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1:10-cv-01790-BAM (PC)
ORDER SETTING SETTLEMENT
CONFERENCE
Date: April 21, 2016
Time: 10:00 a.m.
Place: Courtroom #7 (SKO), 6th Floor

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This case is set for a Settlement Conference before Magistrate Judge Sheila K. Oberto on

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April 21, 2016, at 10:00 a.m. in Courtroom 7 at the U.S. District Court, 2500 Tulare Street, 6th

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Floor, Fresno, California, 93721. Unless otherwise permitted in advance by the Court, the

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attorneys who will try the case shall personally appear at the settlement conference with the

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parties and the person or persons having full authority to negotiate and settle the case, on any

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terms, at the conference. Specifically, Plaintiff must appear in person at the settlement

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conference.
No later than seven days prior to the settlement conference, each party shall submit

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directly to Judge Oberto’s chambers at [e-mail], a confidential settlement

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conference statement. This statement should neither be filed with the Clerk of the Court nor

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served on any other party. Each statement shall be clearly marked “CONFIDENTIAL” with the

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date and time of the settlement conference indicated prominently.

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The settlement statement should not be lengthy but shall include a brief recitation of the

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facts, a discussion of the strengths and weaknesses of the case, an estimate of the cost and time to

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be expended for further pretrial and trial matters, and the relief sought. The parties are also

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directed to include a candid statement on the party’s position on settlement, including the

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amount which the party will accept to settle, realistic settlement expectations, present

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settlement proposals, and a history of past settlement discussions, offers, demands, and a report

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on settlement efforts to date.

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This Court will vacate the settlement conference if the Court finds the settlement

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conference will be neither productive nor meaningful to attempt to resolve all or part of this case.

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As far in advance of the settlement conference as possible, a party shall inform the Court and

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other parties that it believes the case is not in a settlement posture so the Court may vacate or

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reset the settlement conference. Otherwise the parties shall proceed with the settlement

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conference in good faith to attempt to resolve all or part of the case.

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IT IS SO ORDERED.
Dated:

March 31, 2016

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE