King v. Martinez, et al.

Filing 45

ORDER Setting Settlement Conference on June 9, 2017 signed by Magistrate Judge Stanley A. Boone on 5/4/17. Settlement Conference at Corcoran State Prison set for 6/9/2017 at 08:30 AM 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 MARIO KING, 12 Plaintiff, 13 14 v. Case No.: 1:16-cv-00433-LJO-SAB (PC) ORDER SETTING SETTLEMENT CONFERENCE ON JUNE 9, 2017 W.S. WADKINS, 15 Defendant. 16 Plaintiff Mario King is a state prisoner appearing pro se and in forma pauperis in this civil 17 18 rights action pursuant to 42 U.S.C. § 1983. The Court has determined that this case will benefit from a 19 settlement conference. Therefore, this case will be referred to Magistrate Judge Michael J. Seng to 20 conduct a settlement conference at the California State Prison, Corcoran (CSP-COR), 4001 King 21 Avenue, Corcoran, CA 93212 on June 9, 2017, at 8:30 a.m. The Court will issue the necessary 22 transportation order by separate order. 23 In accordance with the above, IT IS HEREBY ORDERED that: 24 1. This case is set for a settlement conference before Magistrate Judge Michael J. Seng on June 9, 2017, at CSP-COR. 25 2. A representative with full and unlimited authority to negotiate and enter into a binding 26 settlement shall attend in person. 27 28 /// 1 3. Those in attendance must be prepared to discuss the claims, defenses and damages. The 1 2 failure of any counsel, party or authorized person subject to this order to appear in person 3 may result in the imposition of sanctions. In addition, the conference will not proceed and 4 will be reset to another date. 4. Defendants shall provide a confidential settlement statement to the following email 5 6 address: mjsorders@caed.uscourts.gov. Plaintiff shall mail his confidential settlement 7 statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, 8 “Attention: Magistrate Judge Michael J. Seng.” The envelope shall be marked 9 “Confidential Settlement Statement”. Settlement statements shall arrive no later than June 10 2, 2017. Parties shall also file a Notice of Submission of Confidential Settlement 11 Statement (See Local Rule 270(d)). Settlement statements should not be filed with the 12 Clerk of the Court nor served on any other party. Settlement statements shall be clearly 13 marked Aconfidential@ with the date and time of the settlement conference indicated 14 prominently thereon. 5. The confidential settlement statement shall be no longer than five pages in length, typed 15 or neatly printed, and include the following: 16 17 a. A brief statement of the facts of the case. 18 b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 19 which the claims are founded; a forthright evaluation of the parties= likelihood of 20 prevailing on the claims and defenses; and a description of the major issues in 21 dispute. c. An estimate of the cost and time to be expended for further discovery, pretrial, and 22 trial. 23 d. The party=s position on settlement, including present demands and offers and a 24 history of past settlement discussions, offers, and demands. 25 26 /// 27 /// 28 /// 2 e. A brief statement of each party=s expectations and goals for the settlement 1 conference, including how much a party is willing to accept and/or willing to pay. 2 3 4 5 IT IS SO ORDERED. 6 Dated: 7 May 4, 2017 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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