Kietty v. Walker et al

Filing 56

ORDER Setting Settlement Conference, signed by Magistrate Judge Stanley A. Boone on 3/31/2016. Settlement Conference set for 6/22/2016 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

HUSSEIN ALI KIETTY,

12
13
14

15

Plaintiff,
v.
A. WALKER, et al.,
Defendants.

16
17

) Case No.: 1:13-cv-00312-DAD-SAB (PC)
)
)
) ORDER SETTING SETTLEMENT
) CONFERENCE
)
)
)
)
)

Plaintiff Hussein Ali Kietty is appearing pro se and in forma pauperis in this civil rights action

18

pursuant to 42 U.S.C. § 1983. The Court has determined that this case will benefit from a settlement

19

conference. Therefore, this case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct

20

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

21

Courtroom #8 on June 22, 2016 at 10:00 a.m. A separate order and writ of habeas corpus ad

22

testificandum will issue in due course.

23

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

24

1. This case is set for a settlement conference before Magistrate Judge Barbara A. McAuliffe

25

on June 22, 2016, at 10:00 a.m. at the U. S. District Court, 2500 Tulare Street, Fresno,

26

California 93721 in Courtroom #8.

27
28

2. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend in person.
1

1

3. Those in attendance must be prepared to discuss the claims, defenses and damages. The

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.

5

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

6

[e-mail]. Plaintiff shall mail his confidential settlement statement to

7

Sujean Park, ADR & Pro Bono Program Director, USDC CAED, 501 I Street, Suite 4-200,

8

Sacramento, California 95814. The envelope shall be marked “Confidential Settlement

9

Statement”. Settlement statements shall arrive no later than June 15, 2016. Parties shall

10

also file a Notice of Submission of Confidential Settlement Conference Statement (See

11

Local Rule 270(d)). Settlement statements should not be filed with the Clerk of the court

12

nor served on any other party. Settlement statements shall be clearly marked

13

Aconfidential@ with the date and time of the settlement conference indicated prominently

14

thereon.

15
16

5. The confidential settlement statement shall be no longer than five pages in length, typed
or neatly printed, and include the following:

17

a. A brief statement of the facts of the case.

18

b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon

19

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

20

prevailing on the claims and defenses; and a description of the major issues in

21

dispute.

22

c. A summary of the proceedings to date.

23

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

24

trial.

25

e. The relief sought.

26

f. The party=s position on settlement, including present demands and offers and a

27

history of past settlement discussions, offers, and demands.

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

March 31, 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