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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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 DANIEL MASTERSON, Plaintiff, 13 v. 14 15 S. KILLEN, et al., Defendants. 16 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 17 18 19 Plaintiff Daniel Masterson is appearing pro se and in forma pauperis in this civil rights action 20 pursuant to 42 U.S.C. § 1983. The court has determined that this case will benefit from a settlement 21 conference. Therefore, this case will be referred to Magistrate Judge Michael J. Seng to conduct a 22 settlement conference at the California State Prison, Corcoran (CSP-COR), 4001 King Avenue, 23 Corcoran, CA 93212 on March 23, 2018, at 9:00 a.m. 24 transportation order in due course. The Court will issue the necessary 25 In accordance with the above, IT IS HEREBY ORDERED that: 26 1. This case is set for a settlement conference before Magistrate Judge Michael J. Seng on March 23, 2018, at CSP-COR. 27 28 /// 1 1 2 2. A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend in person. 3 3. Those in attendance must be prepared to discuss the claims, defenses and damages. The 4 failure of any counsel, party or authorized person subject to this order to appear in person 5 may result in the imposition of sanctions. In addition, the conference will not proceed and 6 will be reset to another date. 7 4. Defendant shall email a confidential settlement statement to the following email address: 8 Plaintiff shall mail his confidential settlement statement 9 to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, “Attention: The envelope shall be marked “Confidential 10 Magistrate Judge Michael J. Seng.” 11 Settlement Statement”. Settlement statements shall arrive no later than March 16, 2018. 12 5. Parties shall also file a Notice of Submission of Confidential Settlement Statement (See 13 Local Rule 270(d)). Settlement statements should not be filed with the Clerk of the Court 14 nor served on any other party. 15 Aconfidential@ with the date and time of the settlement conference indicated prominently 16 thereon. 17 18 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: 19 a. A brief statement of the facts of the case. 20 b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 21 which the claims are founded; a forthright evaluation of the parties= likelihood of 22 prevailing on the claims and defenses; and a description of the major issues in 23 dispute. 24 25 26 27 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. 28 2 1 e. A brief statement of each party=s expectations and goals for the settlement 2 conference, including how much a party is willing to accept and/or willing to pay. 3 4 IT IS SO ORDERED. 5 Dated: 6 February 12, 2018 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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