Harris v. Pimentel, et al.
Filing
220
ORDER regarding settlement conference procedures and setting a Settlement Conference for 1/14/2020 at 01:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 12/2/2019. (Rooney, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DARRELL HARRIS,
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No. 1:13-CV-1354 DAD JDP
Plaintiff,
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v.
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S. ESCAMILLA,
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ORDER SETTING SETTLEMENT
CONFERENCE
Defendant.
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Plaintiff is a state prisoner proceeding through counsel in this civil rights action pursuant
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to 42 U.S.C. § 1983. The Court has determined that this case will benefit from a settlement
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conference. Therefore, this case will be referred to Magistrate Judge Erica P. Grosjean to conduct
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a settlement conference at the U. S. District Court, 2500 Tulare Street, Fresno, California, 93721,
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in Courtroom #10 on January 14, 2020, at 1:00 p.m. The court will issue the necessary
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transportation order in due course.
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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 Erica P. Grosjean
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on January 15, 2020, at 1:00 p.m. at the U. S. District Court, 2500 Tulare Street,
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Fresno, California, 93721, in Courtroom #10.
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2. Unless otherwise permitted in advance by the Court, the attorneys who will try the
case shall appear at the Settlement Conference. It is recommended that pertinent
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evidence to be offered at trial, documents or otherwise, be brought to the settlement
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conference for presentation to the settlement judge. Neither the settlement conference
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statements nor communications during the settlement conference with the settlement
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judge can be used by either party in the trial of this case.
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3. Absent permission from the Court, in addition to counsel who will try the case being
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present, the individual parties shall also be present. 1 In the case of corporate parties,
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associations or other entities, and insurance carriers, a representative executive with
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authority to discuss, consider, propose and agree, or disagree, to any settlement
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proposal or offer shall also be present. A representative with unlimited authority shall
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either attend in person or be available by phone throughout the conference. In other
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words, having settlement authority “up to a certain amount” is not acceptable.
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IF ANY PARTY BELIEVES THAT A SETTLEMENT CONFERENCE WOULD
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BE FUTILE, THEN THAT PARTY SHALL CONTACT THE COURT NOT
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LATER THAN SEVENTY-TWO HOURS PRECEDING THE SCHEDULED
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SETTLEMENT CONFERENCE.
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4. At least five (5) court days prior to the settlement conference, each party shall submit
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a Confidential Settlement Conference Statement in Word format directly to Judge
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Grosjean’s Chambers at epgorders@caed.uscourts.gov. The statement shall not be
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filed on the docket or served on any other party. Each statement shall be clearly
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marked “confidential” with the date and time of the settlement conference clearly
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noted on the first page. The Confidential Settlement Conference Statement shall
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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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In prisoner civil rights cases, the individual defendants need only be available by telephone.
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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,
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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IT IS SO ORDERED.
Dated:
December 2, 2019
/s/
UNITED STATES MAGISTRATE JUDGE
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