Villery v. California Department of Corrections, et al.

Filing 98

ORDER setting Settlement Conference for 10/18/2018 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean signed by Magistrate Judge Barbara A. McAuliffe on 8/1/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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8 JARED M. VILLERY,

Case No. 1:15-cv-00987-DAD-BAM (PC)

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ORDER SETTING SETTLEMENT
CONFERENCE

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Plaintiff,
v.
JEFFREY BEARD, et al.,

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Defendants.

Date: October 18, 2018
Time: 10:00 a.m.
Location: Courtroom 10
Before the Honorable Erica P. Grosjean

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Plaintiff Jared M. Villery is a state prisoner proceeding pro se and in forma pauperis in this

16 civil rights action pursuant to 42 U.S.C. § 1983. The Court has determined that this case will
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18 P. Grosjean to conduct a settlement conference at the U. S. District Court, 2500 Tulare Street,
19 Fresno, California 93721 in Courtroom #10 on October 18, 2018 at 10:00 a.m.
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A separate order and writ of habeas corpus ad testificandum will issue in due course.

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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 Erica P. Grosjean on

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October 18, 2018, at 10:00 a.m. at the U. S. District Court, 2500 Tulare Street, Fresno,

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California 93721 in Courtroom #10.

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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

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

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proceed and will be reset to another date.
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3. Unless otherwise permitted in advance by the Court, the attorneys who will try the case

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shall appear at the Settlement Conference. It is recommended that pertinent evidence to

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be offered at trial, documents or otherwise, be brought to the settlement conference for

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presentation to the settlement judge. Neither the settlement conference statements nor

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communications during the settlement conference with the settlement judge can be used

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by either party in the trial of this case.

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4. Absent permission from the Court, in addition to counsel who will try the case being

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present, the individual parties shall also be present.1 In the case of corporate parties,

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associations or other entities, and insurance carriers, a representative executive with

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authority to discuss, consider, propose and agree, or disagree, to any settlement proposal

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or offer shall also be present. A representative with unlimited authority shall either

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attend in person or be available by phone throughout the conference. In other words,

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having settlement authority “up to a certain amount” is not acceptable.

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IF ANY PARTY BELIEVES THAT A SETTLEMENT CONFERENCE WOULD

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BE FUTILE, THEN THAT PARTY SHALL CONTACT THE COURT NOT

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LATER THAN SEVENTY-TWO HOURS PRECEDING THE SCHEDULED

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SETTLEMENT CONFERENCE.

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5. Each party 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 Erica P. Grosjean.” The envelope shall be marked

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

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October 11, 2018. Parties shall also file a Notice of Submission of Confidential

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Settlement Statement (See Local Rule 270(d)).

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In prisoner civil rights cases, a representative from the Attorney General’s Office is sufficient as a
party representative.
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6. Settlement statements should not be filed with the Clerk of the Court nor served on

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

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date and time of the settlement conference clearly noted on the first page.

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

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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. A summary of the proceedings to date.

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

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and trial.

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e. The relief sought.

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f. 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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Dated:

/s/ Barbara

August 1, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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