Jesse Washington v. Samuels

Filing 85

ORDER SETTING Settlement Conference, signed by Magistrate Judge Stanley A. Boone on 2/4/16. Settlement Conference set for 2/19/2016 at 11:00 AM before Magistrate Judge Michael J. Seng. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE WASHINGTON,

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Plaintiff,

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Case No.: 1:12-cv-01404-DAD-SAB (PC)

v.

ORDER SETTING SETTLEMENT
CONFERENCE

R. SAMUELS,

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Defendant.

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Plaintiff Jesse Washington is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983.1 The Court has determined that this case will benefit from a

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

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to conduct a settlement conference at California State Prison, Corcoran (CSP-COR), 4001 King

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Avenue, Corcoran, California 93212 on February 19, 2016 at 11:00 a.m.

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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 February 19, 2016, at 11:00 a.m. at CSP-COR.

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

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Both parties have consented to magistrate judge jurisdiction. (ECF Nos. 36, 82, 84.)

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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. The parties are directed to submit their confidential settlement conference statements

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to the court using the following email address: [e-mail].

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Plaintiff shall mail his confidential settlement statement addressed to Laurie Yu,

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Courtroom Deputy to Magistrate Judge Seng, USDC CAED, P.O. Box 575,

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Yosemite, CA 95389. The envelope shall be marked “Confidential Settlement

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Statement.” If a party desires to share additional confidential information with the

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court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). Upon

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submission of confidential settlement statements, each party shall file on the docket a

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“Notice of Submission of Confidential Settlement Statement.” Statements are due at

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least 7 days prior to the settlement conference.

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5. 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 “confidential” 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 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. 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, and

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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

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history of past settlement discussions, offers, and demands.
g. A brief statement of each party’s expectations and goals for the settlement

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conference.

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6. The Clerk of the Court is directed to serve a copy of this order on the Litigation

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Coordinator at California State Prison, Corcoran, via facsimile at [phone].

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IT IS SO ORDERED.
Dated:

February 4, 2016
UNITED STATES MAGISTRATE JUDGE

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