Flowers v. Johnson et al

Filing 19

ORDER Setting Settlement Conference on June 24, 2016, signed by Magistrate Judge Michael J. Seng on 5/26/16. Settlement Conference set for 6/24/2016 at Corcoran State Prison, before Magistrate Judge Michael J. Seng. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RUPERT FLOWERS, 12 13 14 15 Plaintiff, CASE NO. 1:15-cv-01778- MJS (PC) ORDER SETTING SETTLEMENT CONFERENCE ON JUNE 24, 2016 v. B. JOHNSON, et al., Defendants. 16 17 Plaintiff Rupert Flowers is appearing pro se and in forma pauperis in this civil 18 rights action pursuant to 42 U.S.C. § 1983. The Court has determined that this case will 19 20 21 22 23 24 25 26 27 benefit from a settlement conference. Therefore, this case will be referred to Magistrate Judge Stanley A. Boone to conduct a settlement conference at California State Prison, Corcoran (CSP-COR) on June 24, 2016. In accordance with the above, IT IS HEREBY ORDERED that: 1. This case is set for a settlement conference before Magistrate Judge Stanley A. Boone on June 24, 2016, at the CSP-COR. 2. A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend in person. 3. Those in attendance must be prepared to discuss the claims, defenses and 28 1 1 damages. The failure of any counsel, party or authorized person subject to 2 this order to appear in person may result in the imposition of sanctions. In 3 addition, the conference will not proceed and will be reset to another date. 4 4. Each party shall provide a confidential settlement statement to the following 5 email address: saborders@caed.uscourts.gov. Plaintiff shall mail his 6 confidential settlement statement to U.S. District Court, 2500 Tulare Street, 7 Fresno, California, 93721, Magistrate Judge Stanley A. Boone. The envelope 8 shall be marked “Confidential Settlement Statement”. Settlement statements 9 shall arrive no later than June 15, 2016. Parties shall also file a Notice of 10 Submission of Confidential Settlement Conference Statement (See Local Rule 11 270(d)). Settlement statements should not be filed with the Clerk of the court 12 nor served on any other party. Settlement statements shall be clearly 13 marked Aconfidential@ with the date and time of the settlement conference 14 indicated prominently thereon. 15 16 17 18 19 20 21 22 23 24 25 5. The confidential settlement statement shall be no longer than five pages in length, typed or neatly printed, and include the following: a. A brief statement of the facts of the case. b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which the claims are founded; a forthright evaluation of the parties= likelihood of prevailing on the claims and defenses; and a description of the major issues in dispute. 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. 26 27 28 2 1 e. A brief statement of each party=s expectations and goals for the 2 settlement conference, including how much a party is willing to accept 3 and/or willing to accept. 4 5 IT IS SO ORDERED. 6 7 Dated: May 26, 2016 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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