Villery v. Jones et al

Filing 43

ORDER GRANTING Parties' Joint Request to Continue Settlement Conference,signed by Magistrate Judge Jeremy D. Peterson on 10/4/18. (Settlement Conference set for 1/22/2019 at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JARED M. VILLERY,

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No. 1:15-cv-01360-DAD-JDP

Plaintiff,
vs.
JAY JONES, et al.,

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Defendants.

ORDER GRANTING PARTIES’ JOINT
REQUEST TO CONTINUE
SETTLEMENT CONFERENCE
(Doc. No. 42.)

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Plaintiff Jared M. Villery is a state prisoner proceeding without counsel in this civil rights

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action brought under 42 U.S.C. § 1983. The court has reviewed the parties’ stipulation and joint

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request to continue the settlement conference currently set for October 18, 2018. (Doc. No. 42.)

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The court grants this joint request. The order and writ of habeas corpus ad testificandum to

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transport inmate Jared M. Villery for a settlement conference scheduled before Magistrate Judge

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Erica P. Grosjean on October 18, 2018 at 10:00 a.m. (Doc. No. 39) will be vacated. The

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settlement conference will be continued to January 22, 2018, at 10:30 a.m. before Magistrate

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Judge Erica P. Grosjean at the U.S. District Court, 2500 Tulare Street, Fresno, California 93721

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in Courtroom #10.

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A separate order and writ of habeas corpus ad testificandum will issue concurrently with
this order.
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

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on January 22, 2018, at 10:30 a.m. at the U. S. District Court, 2500 Tulare Street,

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Fresno, California 93721 in Courtroom #10.
2. Those in attendance must be prepared to discuss the claims, defenses, and damages.

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The 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

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

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for presentation to the settlement judge. Neither the settlement conference statements

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nor communications during the settlement conference with the settlement judge can be

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used 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 present1. 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

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

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

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

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IF ANY PARTY BELIEVES THAT A SETTLEMENT CONFERENCE

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WOULD BE FUTILE, THEN THAT PARTY SHALL CONTACT THE COURT

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NOT LATER THAN SEVENTY-TWO HOURS PRECEDING THE

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SCHEDULED SETTLEMENT CONFERENCE.

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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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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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January 15, 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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Settlement statements should not be filed with the clerk of court nor served on any

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other party. Settlement statements shall be clearly marked “confidential” with the

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

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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

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upon which the claims are founded; a forthright evaluation of the parties’

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likelihood of prevailing on the claims and defenses; and a description of the

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major issues in 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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IT IS SO ORDERED.

Dated:

October 4, 2018
UNITED STATES MAGISTRATE JUDGE

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