Mozingo v. Fisher et al
Filing
78
ORDER Regarding Settlement Conference (set for December 20, 2016 at 10:00AM before Judge McAuliffe). PERSONAL Appearance by Plaintiff and Defense Counsel Required. signed by Magistrate Judge Barbara A. McAuliffe on 12/2/2016. (Herman, H)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
JAMES MOZINGO,
CASE NO. 1:-cv-00633-LJO-BAM
12
13
14
15
Plaintiff,
v.
ORDER REGARDING SETTLEMENT
CONFERENCE
LADD, etal,
Defendants.
PERSONAL APPEARANCE BY PLAINTIFF,
PLAINTIFF’S COUNSEL AND DEFENSE
COUNSEL REQUIRED
16
17
18
19
20
21
22
23
24
25
26
27
This case is set for a Settlement Conference before Magistrate Judge Barbara A. McAuliffe on
December 20, 2016 at 10:00 am in Courtroom 8 at the U.S. District Court, 2500 Tulare Street,
Fresno, California, 93721. Unless otherwise permitted in advance by the Court, the attorneys who will
try the case shall personally appear at the settlement conference with the parties and the person or
persons having full authority to negotiate and settle the case, on any terms, at the conference. The
information the Court has is that Plaintiff is out of custody and therefore no Writ will issue.
No later than seven days prior to the settlement conference, each party shall submit directly to
Judge McAuliffe’s chambers at bamorders@caed.uscourts.gov, a confidential settlement conference
statement. This statement should neither be filed with the clerk of the Court nor served on any other
28
1
1
party. Each statement shall be clearly marked “CONFIDENTIAL” with the date and time of the
2
mandatory settlement conference indicated prominently.
3
The settlement statement should not be lengthy but shall include a brief recitation of the facts,
4
a discussion of the strengths and weaknesses of the case, an estimate of the cost and time to be
5
expended for further pretrial and trial matters, and the relief sought. The parties are also directed to
6
include a candid statement on the party’s position on settlement, including the amount which the
7
party will accept to settle, realistic settlement expectations, present settlement proposals, and a
8
history of past settlement discussions, offers, demands, and a report on settlement efforts to date.
9
This Court will vacate the settlement conference if the Court finds the settlement conference
10
will be neither productive nor meaningful to attempt to resolve all or part of this case. As far in
11
advance of the settlement conference as possible, a party shall inform the Court and other parties that
12
it believes the case is not in a settlement posture so the Court may vacate or reset the settlement
13
conference. Otherwise the parties shall proceed with the settlement conference in good faith to attempt
14
to resolve all or part of the case.
15
16
17
18
IT IS SO ORDERED.
Dated:
/s/ Barbara
December 2, 2016
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?