York v. Stewart et al

Filing 173

ORDER SETTING Settlement Conference, signed by Magistrate Judge Barbara A. McAuliffe on 12/12/2022. Zoom Settlement Conference set for 2/6/2023 at 09:30 AM before Magistrate Judge Barbara A. McAuliffe. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REGINALD RAY YORK,

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Plaintiff,
v.
GARCIA, et al.,
Defendants.

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Case No. 1:15-cv-01828-ADA-BAM (PC)
ORDER SETTING SETTLEMENT
CONFERENCE
Hearing:
Date:
Time:
Judge:
Location:

Settlement Conference
February 6, 2023
9:30 a.m.
Barbara A. McAuliffe
via Zoom Videoconference

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Plaintiff Reginald Ray York (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. This case is currently set for a jury trial to begin April 25,

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2023 at 8:30 a.m. in Courtroom 1 (ADA) before District Judge Ana de Alba.

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The Court has determined that this case will benefit from a settlement conference. Therefore,

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this case was referred to the undersigned to conduct a settlement conference on February 6, 2023 at

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9:30 a.m. The Court will issue any necessary transportation order in due course.

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Counsel for Defendants shall contact Courtroom Deputy Esther Valdez at [phone] or

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[e-mail] for the video and dial-in information, including any necessary passcodes,

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for all parties. Counsel for Defendants is also required to arrange for Plaintiff’s participation by

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contacting the Litigation Coordinator at the institution where Plaintiff is housed and providing the

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necessary Zoom contact information.
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The parties shall each submit to Judge McAuliffe a confidential settlement conference

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statement, as described below, to arrive at least seven days (one week) prior to the conference.
The Court puts the parties on notice that if Plaintiff has any outstanding criminal restitution

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obligation, fines and/or penalties, these settlement negotiations shall not be geared towards what the

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restitution obligation is, but what the value of the case itself is to each side, irrespective of any

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outstanding restitution obligation.

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Defendants shall be prepared to negotiate the merits of the case and offer more than a waiver

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of costs as a reasonable compromise to settle the case. The parties are also informed that an offer of

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dismissal in exchange for a waiver of costs is not considered good faith settlement negotiations.

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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 video settlement conference, via the Zoom videoconferencing

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application, before Magistrate Judge Barbara A. McAuliffe on February 6, 2023, at 9:30

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a.m.
2. A representative with full and unlimited authority to negotiate and enter into a binding

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settlement shall attend via the Zoom videoconferencing application.1

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

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failure or refusal of any counsel, party or authorized person subject to this order to appear

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in person may result in the cancellation of the conference and the imposition of sanctions.

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The 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. Defendant shall provide a confidential settlement statement to the following email address:

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[e-mail]. Plaintiff shall mail his confidential settlement statement

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to U.S. District Court, 2500 Tulare Street, Fresno, California 93721, “Attention:

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Magistrate Judge Barbara A. McAuliffe.” The envelope shall be marked “Confidential

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Settlement Statement.” Settlement statements shall arrive no later than January 30, 2023.

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In light of the coronavirus (COVID-19) outbreak and the evolving coronavirus protocols, the Court
may issue an order at a later date requiring the parties to appear in person.
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Parties shall also file a Notice of Submission of Confidential Settlement Statement (See

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Local Rule 270(d)). Settlement statements should not be filed with the Clerk of the Court

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nor served on any other party. Settlement statements shall be clearly marked

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“Confidential” with the date and time of the settlement conference indicated prominently

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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

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conference, including how much a party is willing to accept and/or willing to pay.

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f. If parties intend to discuss the joint settlement of any other actions or claims not in

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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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6. The parties remain obligated to keep the Court informed of their current address at all times

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while the action is pending. Any change of address must be reported promptly to the Court

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in a separate document captioned for this case and entitled “Notice of Change of Address.”

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See Local Rule 182(f).

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7. Counsel for Defendants is required to arrange for Plaintiff’s participation by

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contacting the Litigation Coordinator at the institution where Plaintiff is housed and

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providing the necessary Zoom contact information.
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8. A failure to follow these procedures may result in the imposition of sanctions by the
court.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 12, 2022

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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