Pendergast v. Commissioner of Social Security

Filing 21

ORDER SETTING SETTLEMENT CONFERENCE before Magistrate Judge Michael J. Seng on August 18, 2017 at 10:00 a.m. Signed by Magistrate Judge Stanley A. Boone on 6/30/2017. (Hernandez, M)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 GARY PAUL PENDERGAST, 10 11 12 Case No.: 1:16-cv-00748-SAB Plaintiff, ORDER SETTING SETTLEMENT CONFERENCE v. COMMISSIONER OF SOCIAL SECURITY, 13 Defendant. 14 15 On May 27, 2016, Plaintiff Gary Pendergast filed the instant social security action. The 16 court has determined that this case will benefit from a settlement conference. Therefore, this case 17 will be referred to Magistrate Judge Michael J. Seng to conduct a settlement conference at the 18 U.S. District Court, 2500 Tulare Street, Fresno, California 93721 in Courtroom #6 on August 18, 19 2017, at 10:00 a.m. 20 In accordance with the above, IT IS HEREBY ORDERED that: 21 1. This case is set for a settlement conference before Magistrate Judge Michael J. Seng 22 on August 18, 2017, at 10:00 a.m. at the U. S. District Court, 2500 Tulare Street, 23 Fresno, California 93721 in Courtroom #6. 24 2. A representative with full and unlimited authority to negotiate and enter into a binding 25 settlement shall attend in person. 26 Commissioner of Social Security, are not required to attend. 27 28 The parties, Gary Paul Pendergast and the 3. Those in attendance must be prepared to discuss the claims. The failure of any 1 1 counsel, party or authorized person subject to this order to appear in person may result 2 in the imposition of sanctions. In addition, the conference will not proceed and will be 3 reset to another date. 4 4. Each party shall provide a confidential settlement statement to the following email 5 address: Settlement statements shall arrive no later 6 than August 11, 2017. Parties shall also file a Notice of Submission of Confidential 7 Settlement Conference Statement (See Local Rule 270(d)). 8 Settlement statements should not be filed with the Clerk of the Court nor served on 9 any other party. Settlement statements shall be clearly marked Aconfidential@ with 10 the date and time of the settlement conference indicated prominently thereon. 11 The confidential settlement statement shall be no longer than five pages in length, 12 typed or neatly printed, and include the following: 13 a. A brief statement of the facts of the case. 14 b. The relief sought. 15 c. The party’s position on settlement, including a history of past settlement discussions. 16 d. A brief statement of each party’s expectations and goals for the settlement 17 conference. 18 19 e. Whether this case should be remanded or benefits be granted based on the 20 September 19, 2016 favorable decision on the Title XVI claim which found 21 that Plaintiff was disabled from September 28, 2012, through September 19, 22 2016. 23 24 25 IT IS SO ORDERED. Dated: June 30, 2017 UNITED STATES MAGISTRATE JUDGE 26 27 28 2

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