Masterson v. Killen et al

Filing 185

ORDER Setting Settlement Conference on March 23, 2018, signed by Magistrate Judge Stanley A. Boone on 2/12/2018: Settlement Conference set for 3/23/2018 at California State Prison, Corcoran, before Magistrate Judge Michael J. Seng. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL MASTERSON,
Plaintiff,

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v.

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S. KILLEN, et al.,
Defendants.

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Case No.: 1:11-cv-01179-SAB (PC)
ORDER SETTING SETTLEMENT
CONFERENCE ON MARCH 23, 2018
Date: March 23, 2018
Time: 9:00 a.m.
Place: California State Prison, Corcoran
Before the Honorable Michael J. Seng

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Plaintiff Daniel Masterson is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. The court has determined that this case will benefit from a settlement

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conference. Therefore, this case will be referred to Magistrate Judge Michael J. Seng to conduct a

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settlement conference at the California State Prison, Corcoran (CSP-COR), 4001 King Avenue,

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Corcoran, CA 93212 on March 23, 2018, at 9:00 a.m.

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transportation order in due course.

The Court will issue the necessary

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. This case is set for a settlement conference before Magistrate Judge Michael J. Seng on
March 23, 2018, at CSP-COR.

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2. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend in person.

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3. Those in attendance must be prepared to discuss the claims, defenses and damages. The

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failure of any counsel, party or authorized person subject to this order to appear in person

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may result in the imposition of sanctions. In addition, the conference will not proceed and

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will be reset to another date.

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4. Defendant shall email a confidential settlement statement to the following email address:

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[e-mail]. Plaintiff shall mail his confidential settlement statement

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to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, “Attention:
The envelope shall be marked “Confidential

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Magistrate Judge Michael J. Seng.”

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Settlement Statement”. Settlement statements shall arrive no later than March 16, 2018.

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5. Parties shall also file a Notice of Submission of Confidential Settlement Statement (See

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Local Rule 270(d)). Settlement statements should not be filed with the Clerk of the Court

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nor served on any other party.

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Aconfidential@ with the date and time of the settlement conference indicated prominently

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thereon.

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Settlement statements shall be clearly marked

6. The confidential settlement statement shall be no longer than five pages in length, typed
or neatly printed, and include the following:

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a. A brief statement of the facts of the case.

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b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon

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which the claims are founded; a forthright evaluation of the parties= likelihood of

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prevailing on the claims and defenses; and a description of the major issues in

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dispute.

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c. An estimate of the cost and time to be expended for further discovery, pretrial, and
trial.
d. The party=s position on settlement, including present demands and offers and a
history of past settlement discussions, offers, and demands.

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e. A brief statement of each party=s expectations and goals for the settlement

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conference, including how much a party is willing to accept and/or willing to pay.

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IT IS SO ORDERED.

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Dated:

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February 12, 2018
UNITED STATES MAGISTRATE JUDGE

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