Gilmore v. Augustus, et al.

Filing 293

ORDER setting remote Settlement Conference for 5/13/2021 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe signed by Magistrate Judge Stanley A. Boone on 2/24/2021. (Lundstrom, T)

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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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v.
C. LOCKARD, et al.,

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Defendants.

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Case No.: 1:12-cv-00925-NONE-SAB (PC)
ORDER SETTING REMOTE SETTLEMENT
CONFERENCE ON MAY 13, 2021, BEFORE
MAGISTRATE JUDGE BARBARA A.
McAULIFFE

Plaintiff C. Dwayne Gilmore is a state prisoner proceeding in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983.
This case is currently proceeding pursuant to the Court’s second scheduling order issued on

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October 27, 2020. The Court finds that this case will benefit from a settlement conference. Local Rule

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270(a). Therefore, this case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct a

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settlement conference on May 13, 2021 at 9:30 a.m. In light of the coronavirus (COVID-19)

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outbreak and evolving coronavirus protocols, the Court finds that the parties shall appear remotely via

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the Zoom videoconferencing application.
The parties shall contact Courtroom Deputy, Esther Valdez, at [phone] or

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[e-mail] for the video and dial-in information, including any necessary passcodes,

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for all parties. In addition, the parties shall arrange for Plaintiff’s participation by contacting the

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Litigation Coordinator at the institution where Plaintiff is housed and providing the necessary Zoom

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contact information. The Court will issue any necessary writ of habeas corpus ad testificandum in due

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

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settlement conference on May 13, 2021, at 9:30 a.m.

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

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This case is be referred to Magistrate Judge Barbara A. McAuliffe to conduct a

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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 cancellation of the conference and the imposition of sanctions.

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4.

The parties shall provide a confidential settlement statement to the following email

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address: [e-mail]. Settlement statements shall arrive no later

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than May 6, 2021. The parties shall also file a Notice of Submission of Confidential

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Settlement Statement (See Local Rule 270(d)). Settlement statements should not be

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filed with the Clerk of the Court nor served on any other party. Settlement

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statements shall be clearly marked confidential with the date and time of the settlement

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conference indicated prominently thereon.

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5.

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 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.
e. A brief statement of each party’s expectations and goals for the settlement
conference, including how much a party is willing to accept and/or willing to pay.
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f. If parties intend to discuss the joint settlement of any other actions or claims not in

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this suit, give a brief description of each action or claim as set forth above,

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including case number(s) if applicable.

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IT IS SO ORDERED.

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Dated:

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February 24, 2021
UNITED STATES MAGISTRATE JUDGE

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