Aleman v. North Kern State Prison, et al.

Filing 79

ORDER Requiring Submissions before Settlement Conference, signed by Magistrate Judge Jeremy D. Peterson on 9/24/18. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HECTOR ALEMAN,

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Plaintiff,
vs.

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Case No.: 1:15-cv-01293-LJO-JDP(PC)
ORDER REQUIRING SUBMISSIONS
BEFORE SETTLEMENT CONFERENCE

C/O K. ACOSTA, et al.,
Defendants.

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United States Magistrate Judge Stanley A. Boone will preside over the settlement conference at

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the United States District Court, 2500 Tulare Street, Fresno, California, 93721, in Courtroom No. 9 on

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December 11, 2018, at 10:30 a.m. All parties and their representatives must follow the requirements

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below.

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Order

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1. The court will hold a settlement conference at the United States District Court, 2500 Tulare

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Street, Fresno, California, 93721, in Courtroom No. 9, on December 11, 2018, at 10:30

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a.m.

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2. Each party’s representative with full and unlimited authority to negotiate and enter into a

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binding settlement shall attend in person. All counsel of record must attend in person.

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3. Those in attendance must be prepared to discuss the claims, defenses and damages. Those

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in attendance must be prepared to discuss the claims, defenses and damages. The failure or

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refusal 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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4. Each party shall provide a confidential settlement statement to the following email address:

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[e-mail]. Settlement statements shall arrive no later than one

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week before the settlement conference. Parties shall also file a Notice of Submission of

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

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should not be filed with the Clerk of the Court nor served on any other party.

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Settlement statements shall be clearly marked Aconfidential@ with the date and time of the

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settlement conference indicated prominently thereon.

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5. 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.
d. The party=s position on settlement, including present demands and offers and a
history of past settlement discussions, offers, and demands.
e. A brief statement of each party=s expectations and goals for the settlement
conference, including how much a party is willing to accept and/or willing to pay.
f. If the parties intend to discuss the joint settlement of any other actions or claims not

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in 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.

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Dated:

September 24, 2018
UNITED STATES MAGISTRATE JUDGE

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