Franks v. Stanislaus County Sheriff's Department

Filing 36

ORDER regarding Settlement Conference set for 6/14/2017 signed by Magistrate Judge Barbara A. McAuliffe on 4/6/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TOM MARK FRANKS,

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Plaintiff,
v.
K. ALLISON, et al.,

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Defendants.

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) Case No.: 1:15-cv-00401-EPG (PC)
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ORDER REGARDING SETTLEMENT
) CONFERENCE SET FOR JUNE 14, 2017
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The Court has determined that this case will benefit from a settlement conference, and has

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referred it to the undersigned to conduct that conference on June 14, 2017 at 9:30 a.m. in Courtroom

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8, 6th Floor, United States Courthouse, 2500 Tulare Street, Fresno, California. An order and writ of

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habeas corpus ad testificandum to transport Plaintiff for the settlement conference has also issued.

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(ECF No. 32.)

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

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1. A representative with full and unlimited authority to negotiate and enter into a binding

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settlement shall attend in person.
2. 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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3. Defendants shall provide a confidential settlement statement to the following email

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address: [e-mail]. Plaintiff shall mail his confidential settlement

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statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, Magistrate

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Judge Barbara A. McAuliffe. The envelope shall be marked “Confidential Settlement

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Statement”. Settlement statements shall arrive no later than June 7, 2017. Parties shall also

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

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

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

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with the date and time of the settlement conference indicated prominently thereon.

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4. The confidential settlement statement shall be no longer than five pages in length, 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.
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 pay.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 6, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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