Manago v. Davey et al

Filing 141

ORDER Setting Settlement Conference, signed by Magistrate Judge Gary S. Austin on 05/27/2021. Zoom Settlement Conference set for 7/22/2021 at 11:00 AM before Magistrate Judge Stanley A. Boone. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEWART MANAGO,

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Plaintiff,

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ORDER SETTING SETTLEMENT
CONFERENCE

vs.

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1:16-cv-00399-NONE-GSA-PC

D. DAVEY, et al.,

(Order resolves ECF No. 137.)
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Defendants.

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Stewart Manago (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. The court has determined that this case

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will benefit from a settlement conference. Therefore, this case will be referred to Magistrate

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Judge Stanley A. Boone to conduct a settlement conference on July 22, 2021 at 11:00 a.m. In

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light of the coronavirus (COVID-19) outbreak and evolving coronavirus protocols, the court finds

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that the parties shall appear remotely via the Zoom videoconferencing application.

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Counsel for Defendants shall contact Courtroom Deputy, Mamie Hernandez, at (559) 499-

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5672 or [e-mail] for the video and dial-in information, including any

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necessary passcodes, for all parties. Counsel for Defendants is also required to arrange for

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Plaintiff’s participation by contacting the Litigation Coordinator at the institution where Plaintiff

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is housed and providing the necessary Zoom contact information.

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The parties shall each submit to Judge Boone a confidential settlement conference
statement, as described below, to arrive at least seven days prior (one week) to the conference.

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The court puts the parties on notice that if Plaintiff has any outstanding criminal

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restitution obligation, fines and/or penalties, these settlement negotiations shall not be geared

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

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irrespective of any outstanding restitution obligation.

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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 remote settlement conference before Magistrate Judge Stanley A.

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Boone on July 22, 2021 at 11:00 a.m.
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 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 cancellation of the conference and the imposition of

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sanctions. The manner and timing of Plaintiff’s transportation to and from the

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conference is within the discretion of CDCR.

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4. Defendants 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 Stanley A. Boone.” The envelope shall be marked

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“Confidential Settlement Statement.” Settlement statements shall arrive no later than

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July 15, 2021. Both parties shall also file a Notice of Submission of Confidential

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Settlement Conference 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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5. 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 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.
c. An estimate of the cost and time to be expended for further discovery, pretrial, and

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trial.

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d. 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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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 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 above,

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including case number(s) if applicable.

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6. If a settlement is reached at any time prior to the settlement conference, defense

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counsel is to immediately inform the courtroom deputy of Magistrate Judge Boone

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and file a Notice of Settlement in accordance with Local Rule 160.

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7. 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

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to the court in a separate document captioned for this case and entitled “Notice of

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

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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:

May 27, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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