Daniels v. Tolson, et al.

Filing 68

ORDER SETTING Settlement Conference on November 4, 2016, signed by Magistrate Judge Stanley A. Boone on 9/15/16. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NORMAN GERALD DANIELS III, 12 Plaintiff, 13 v. 14 STU SHERMAN, 15 Defendant. 16 ) Case No.: 1:13-cv-00202-AWI-SAB (PC) ) ) ) ORDER SETTING SETTLEMENT CONFERENCE ON NOVEMBER 4, 2016 ) ) ) ) ) ) Plaintiff Norman Gerald Daniels III is appearing pro se and in forma pauperis in this civil 17 18 rights action pursuant to 42 U.S.C. § 1983. The Court has determined that this case will benefit from 19 a settlement conference. Therefore, this case will be referred to Magistrate Judge Michael J. Seng to 20 conduct a settlement conference at the Substance Abuse Treatment Facility and State Prison (SATF- 21 CSP, Corcoran) on November 4, 2016. 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. This case is set for a settlement conference before Magistrate Judge Michael J. Seng on November 4, 2016, at the SATF-CSP, Corcoran. 24 2. A representative with full and unlimited authority to negotiate and enter into a binding 25 settlement shall attend in person. 26 27 /// 28 /// 1 3. Those in attendance must be prepared to discuss the claims, defenses and damages. The 1 2 failure of any counsel, party or authorized person subject to this order to appear in person 3 may result in the imposition of sanctions. In addition, the conference will not proceed and 4 will be reset to another date. 4. Each party shall provide a confidential settlement statement to the following email address: 5 6 mjsorders@caed.uscourts.gov. Plaintiff shall mail his confidential settlement statement to 7 U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, Magistrate Judge 8 Michael J. Seng. The envelope shall be marked “Confidential Settlement Statement”. 9 Settlement statements shall arrive no later than October 26, 2016. Parties shall also file a 10 Notice of Submission of Confidential Settlement Conference Statement (See Local Rule 11 270(d)). Settlement statements should not be filed with the Clerk of the court nor served 12 on any other party. Settlement statements shall be clearly marked Aconfidential@ with the 13 date and time of the settlement conference indicated prominently thereon. 5. The confidential settlement statement shall be no longer than five pages in length, typed 14 or neatly printed, and include the following: 15 16 a. A brief statement of the facts of the case. 17 b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 18 which the claims are founded; a forthright evaluation of the parties= likelihood of 19 prevailing on the claims and defenses; and a description of the major issues in 20 dispute. 21 c. A summary of the proceedings to date. 22 d. An estimate of the cost and time to be expended for further discovery, pretrial, and trial. 23 24 e. The relief sought. 25 f. The party=s position on settlement, including present demands and offers and a history of past settlement discussions, offers, and demands. 26 27 /// 28 /// 2 g. A brief statement of each party=s expectations and goals for the settlement 1 conference. 2 3 4 IT IS SO ORDERED. 5 Dated: 6 September 15, 2016 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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