Curtis Anderson v. United States of America et al

Filing 73

ORDER Setting Settlement Conference signed by Magistrate Judge Stanley A. Boone on 7/3/2019. Settlement Conference set for 8/27/2019 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CURTIS ANDERSON,

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Plaintiff,

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v.
UNITED STATES OF AMERICA,

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Defendant.

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Case No.: 1:16-cv-00352-DAD-SAB (PC)
ORDER SETTING SETTLEMENT
CONFERENCE
(Doc. No. 72)
Date: August 27, 2019
Time: 9:30 a.m.
Place: Courtroom 8 (BAM)
Before the Honorable Barbara A. McAuliffe

Plaintiff Curtis Anderson is a federal prisoner proceeding pro se and in forma pauperis in this
civil action pursuant to the Federal Tort Claims Act.

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On June 3, 2019, in his amended pretrial statement, Plaintiff requested a settlement conference.

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(Doc. No. 70, at 4.) On June 26, 2019, Defendant United States of America filed its own request for a

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settlement conference. (Doc. No. 72).

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

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Plaintiff’s and Defendant’s requests for a settlement conference is granted. This case will be referred to

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Magistrate Judge Barbara A. McAuliffe to conduct a settlement conference at the United States

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Courthouse in Fresno, California on August 27, 2019, at 9:30 a.m.

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The parties shall each submit to Magistrate Judge Barbara A. McAuliffe a confidential settlement

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conference statement, as described below, to arrive at least seven days (one week) prior to the

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conference.
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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 the of the case itself is to each side, irrespective of any

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outstanding restitution obligation.

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Accordingly, it is HEREBY ORDERED that:

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1.

This case is set for a settlement conference before Magistrate Judge Barbara A.

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McAuliffe on August 27, 2019, at 9:30 a.m., at the United States Courthouse located at

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2500 Tulare Street, Fresno, California 93721.

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2.

place of confinement.

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Plaintiff is to appear at the settlement conference by video conference from his present

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A representative of Defendant with full and unlimited authority to negotiate and enter
into a binding settlement shall attend in person.

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4.

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

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5.

Defendants shall provide a confidential settlement statement to the following email

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address: [e-mail]. Plaintiff shall mail his confidential

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settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California,

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93721, “Attention: Magistrate Judge Barbara A. McAuliffe.” The envelope shall

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be marked “Confidential Settlement Statement”. Settlement statements shall arrive no

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later than August 20, 2019. 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 “confidential” with the date and time of

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the settlement conference indicated prominently thereon.

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6.

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.
c.

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

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d.

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The party’s position on settlement, including present demands and offers and a
history of past settlement discussions, offers, and demands.

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e.

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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

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pay.
f.

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If the parties intend to discuss the joint settlement of any other actions or claims

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not in this suit, give a brief description of each action or claim as set forth

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above, including case number(s) if applicable.
7.

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

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

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the Court in a separate document captioned for this case and entitled “Notice of Change

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of Address.” See Local Rule 182(f).
8.

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A failure to follow these procedures may result in the imposition of sanctions by the
court.

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IT IS SO ORDERED.

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Dated:

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July 3, 2019
UNITED STATES MAGISTRATE JUDGE

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