Gilmore v. Augustus, et al.

Filing 179

ORDER Setting Settlement Conference, signed by Magistrate Judge Stanley A. Boone on 3/4/16. Settlement Conference set for 5/13/2016 at 10:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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C. DWAYNE GILMORE,

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Plaintiff,

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Case No. 1:12-cv-00925-LJO-SAB-PC

v.

ORDER SETTING SETTLEMENT
CONFERENCE

C. LOCKARD, et al.,

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Defendants.

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Plaintiff is a prisoner proceeding pro se and in forma pauperis pursuant to 42 U.S.C. §

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1983. The court has determined that this case will benefit from a settlement conference.

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

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conference at the U.S. District Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom

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#6 on May 13, 2016 at 10:30 a.m.
A separate order and writ of habeas corpus ad testificandum will issue at the appropriate

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time.

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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

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on May 13, 2016, at 10:30 a.m. at the U. S. District Court, 2500 Tulare Street, Fresno,

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California 93721 in Courtroom #6.

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2. A representative with full and unlimited authority to negotiate and enter into a binding
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settlement shall attend in person.
3. Those in attendance must be prepared to discuss the claims, defenses and damages.

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

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

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proceed and will be reset to another date.

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4. Each party shall provide a confidential settlement statement to the following email

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address: [e-mail]. Plaintiff shall mail his confidential settlement

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statement to Sujean Park, ADR & Pro Bono Program Director, USDC CAED, 501 I

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Street, Suite 4-200, Sacramento, California 95814. The envelope shall be marked

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“Confidential Settlement Statement.” Settlement statements shall arrive no later than

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May 6, 2016. Parties shall also file a Notice of Submission of Confidential Settlement

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Conference Statement (See Local Rule 270(d)).

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Settlement statements should not be filed with the Clerk of the court nor served on

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any other party. Settlement statements shall be clearly marked Aconfidential@ with

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the date and time of the settlement conference indicated prominently thereon.

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The confidential settlement statement shall be no longer than five pages in length,

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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

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

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likelihood of prevailing on the claims and defenses; and a description of the

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major issues in dispute.

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c. A summary of the proceedings to date.

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d. An estimate of the cost and time to be expended for further discovery, pretrial,

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and trial.
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e. The relief sought.

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

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conference.

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IT IS SO ORDERED.
Dated:

March 4, 2016
UNITED STATES MAGISTRATE JUDGE

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