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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TOM MARK FRANKS, 12 13 14 Plaintiff, v. K. ALLISON, et al., 15 Defendants. 16 17 ) Case No.: 1:15-cv-00401-EPG (PC) ) ) ) ORDER REGARDING SETTLEMENT ) CONFERENCE SET FOR JUNE 14, 2017 ) ) ) ) ) The Court has determined that this case will benefit from a settlement conference, and has 18 referred it to the undersigned to conduct that conference on June 14, 2017 at 9:30 a.m. in Courtroom 19 8, 6th Floor, United States Courthouse, 2500 Tulare Street, Fresno, California. An order and writ of 20 habeas corpus ad testificandum to transport Plaintiff for the settlement conference has also issued. 21 (ECF No. 32.) 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. A representative with full and unlimited authority to negotiate and enter into a binding 24 25 settlement shall attend in person. 2. Those in attendance must be prepared to discuss the claims, defenses and damages. The 26 failure of any counsel, party or authorized person subject to this order to appear in person 27 may result in the imposition of sanctions. In addition, the conference will not proceed and 28 will be reset to another date. 1 1 3. Defendants shall provide a confidential settlement statement to the following email 2 address: Plaintiff shall mail his confidential settlement 3 statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, Magistrate 4 Judge Barbara A. McAuliffe. The envelope shall be marked “Confidential Settlement 5 Statement”. Settlement statements shall arrive no later than June 7, 2017. Parties shall also 6 file a Notice of Submission of Confidential Settlement Conference Statement (See Local 7 Rule 270(d)). Settlement statements should not be filed with the Clerk of the court nor 8 served on any other party. Settlement statements shall be clearly marked Aconfidential@ 9 with the date and time of the settlement conference indicated prominently thereon. 10 4. The confidential settlement statement shall be no longer than five pages in length, typed or neatly printed, and include the following: 11 12 a. A brief statement of the facts of the case. 13 b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 14 which the claims are founded; a forthright evaluation of the parties= likelihood of 15 prevailing on the claims and defenses; and a description of the major issues in 16 dispute. c. An estimate of the cost and time to be expended for further discovery, pretrial, and 17 trial. 18 d. The party=s position on settlement, including present demands and offers and a 19 history of past settlement discussions, offers, and demands. 20 e. A brief statement of each party=s expectations and goals for the settlement 21 conference, including how much a party is willing to accept and/or willing to pay. 22 23 24 25 26 IT IS SO ORDERED. Dated: /s/ Barbara April 6, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 2

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