Bird v. Mayhew, et al.

Filing 37

ORDER Setting Settlement Conference on June 24, 2016, signed by Magistrate Judge Stanley A. Boone on 5/26/16. Settlement Conference set for 6/24/2016 at California State Prison, Corcoran before Magistrate Judge Michael J. Seng. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL BIRD,
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Plaintiff,
v.
DONALD MAYHUE,
Defendant.

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) Case No.: 1:15-cv-00298-LJO-SAB (PC)
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) ORDER SETTING SETTLEMENT
CONFERENCE ON JUNE 24, 2016
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Plaintiff Michael Bird is appearing pro se in this civil rights action pursuant to 42 U.S.C. §

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1983. The Court has determined that this case will benefit from a settlement conference. Therefore,

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this case will be referred to Magistrate Judge Michael J. Seng to conduct a settlement conference at

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California State Prison, Corcoran (CSP-COR) on June 24, 2016.

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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 on

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June 24, 2016, at the CSP-COR.
2. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend in person.
3. Those in attendance must be prepared to discuss the claims, defenses and damages. The

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failure of any counsel, party or authorized person subject to this order to appear in person

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may result in the imposition of sanctions. In addition, the conference will not proceed and

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will be reset to another date.

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4. Each party shall provide a confidential settlement statement to the following email address:
[e-mail]. Plaintiff shall mail his confidential settlement statement to
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U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, Magistrate Judge

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Michael J. Seng. The envelope shall be marked “Confidential Settlement Statement”.

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Settlement statements shall arrive no later than June 15, 2016. Parties shall also file a

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Notice of Submission of Confidential Settlement Conference Statement (See Local Rule

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270(d)). Settlement statements should not be filed with the Clerk of the court nor served

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on any other party. Settlement statements shall be clearly marked Aconfidential@ with the

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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

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

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trial.

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d. 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.

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e. A brief statement of each party=s expectations and goals for the settlement

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conference, including how much a party is willing to accept and/or willing to

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accept.

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IT IS SO ORDERED.

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Dated:

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May 26, 2016
UNITED STATES MAGISTRATE JUDGE

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