King v. Biter et al

Filing 88

ORDER SETTING Settlement Conference on July 12, 2019 and STAYING CASE for Seventy-Five (75) Days signed by Magistrate Judge Stanley A. Boone on 5/7/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY DONNELL KING, SR.,

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Plaintiff,
v.
M.D. BITER, et al.,

Case No.: 1:15-cv-00414-LJO-SAB (PC)
ORDER SETTING SETTLEMENT
CONFERENCE ON JULY 12, 2019,
AND STAYING CASE FOR
SEVENTY-FIVE (75) DAYS

Defendants.

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Plaintiff Larry Donnell Kiing, Sr. is appearing pro se and in forma pauperis in this civil rights

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

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

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to conduct a settlement conference at the California State Prison, Corcoran (CSP-COR), 4001 King

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Avenue, Corcoran, CA 93212 on July 12, 2019, at 8:30 a.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 action is STAYED for 75 days to allow the parties an opportunity to settle their

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dispute before the discovery process begins. Except as provided herein or by subsequent

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court order, no other pleadings or other documents may be filed in this case during the stay

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of this action. The parties shall not engage in formal discovery, but may engage is informal

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discovery to prepare for the settlement conference.
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2. This case is set for a settlement conference before Magistrate Judge Barbara A. McAuliffe
on July 12, 2019, at CSP-COR.
3. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend in person.
4. 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 cancellation of the conference and the imposition of sanctions. The

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manner and timing of Plaintiff’s transportation to and from the conference is within the

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discretion of CDCR.

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5. 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,

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“Attention: Magistrate Judge Barbara A. McAuliffe.” The envelope shall be marked

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“Confidential Settlement Statement”. Settlement statements shall arrive no later than July

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5, 2019. Parties shall also file a Notice of Submission of Confidential Settlement

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Statement (See Local Rule 270(d)). Settlement statements should not be filed with the

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Clerk of the Court nor served on any other party. Settlement statements shall be clearly

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

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prominently thereon.

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6. 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.

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c. An estimate of the cost and time to be expended for further discovery, pretrial, and
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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f. If parties intend to discuss the joint settlement of any other actions or claims not in

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this suit, give a brief description of each action or claim as set forth above,

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including case number(s) if applicable.

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IT IS SO ORDERED.
Dated:

May 7, 2019
UNITED STATES MAGISTRATE JUDGE

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