Smith v. Hernandez et al

Filing 50

ORDER signed by Magistrate Judge Stanley A. Boone on 1/19/2018 setting Settlement Conference for 3/23/2018 at 09:00 AM at California State Prison-Corcoran before Magistrate Judge Michael J. Seng.(Lundstrom, T) .

1
2
3
4
5
6
7
8
9
10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12
13

DELBERT J. SMITH,

14

Plaintiff,

15

v.

16

C. HERNANDEZ, et al.,

17

Defendants.

18

Case No. 1:16-cv-01267-DAD-SAB (PC)
ORDER SETTING SETTLEMENT
CONFERENCE ON MARCH 23, 2018 BEFORE
MAGISTRATE JUDGE MICHAEL J. SENG
Date: March 23, 2018
Time: 9:00 a.m.
Location: California State Prison, Corcoran

19
20

Plaintiff Delbert J. Smith is a state prisoner proceeding pro se and in forma pauperis in this

21

civil rights action pursuant to 42 U.S.C. § 1983. The Court has determined that this case will benefit

22

from a settlement conference. Therefore, this case will be referred to Magistrate Judge Michael J.

23

Seng to conduct a settlement conference at the California State Prison, Corcoran (CSP-COR), 4001

24

King Avenue, Corcoran, CA 93212, on March 23, 2018, at 9:00 a.m. The Court will issue the

25

necessary transportation order in due course.

26

In accordance with the above, IT IS HEREBY ORDERED that:

27

1. This case is set for a settlement conference before Magistrate Judge Michael J. Seng on

28

March 23, 2018, at CSP-COR.
1

1
2

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

3

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

4

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

5

may result in the imposition of sanctions. In addition, the conference will not proceed and

6

will be reset to another date.

7

4. Defendants shall provide a confidential settlement statement to the following email

8

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

9

statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721,

10

“Attention: Magistrate Judge Michael J. Seng.”

11

“Confidential Settlement Statement”.

12

March 16, 2018. Parties shall also file a Notice of Submission of Confidential Settlement

13

Statement (See Local Rule 270(d)). Settlement statements should not be filed with the

14

Clerk of the Court nor served on any other party. Settlement statements shall be clearly

15

marked Aconfidential@ with the date and time of the settlement conference indicated

16

prominently thereon.

17
18

The envelope shall be marked

Settlement statements shall arrive no later than

5. The confidential settlement statement shall be no longer than five pages in length, typed
or neatly printed, and include the following:

19

a. A brief statement of the facts of the case.

20

b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon

21

which the claims are founded; a forthright evaluation of the parties= likelihood of

22

prevailing on the claims and defenses; and a description of the major issues in

23

dispute.

24
25
26
27

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.

28
2

1

e. A brief statement of each party=s expectations and goals for the settlement

2

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

3
4

IT IS SO ORDERED.

5

Dated:

6

January 19, 2018
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3