Mixon, Jr. v. Tyson et al

Filing 28

ORDER Setting Settlement Conference signed by Magistrate Judge Barbara A. McAuliffe on 09/10/2018. Settlement Conference set for 11/16/2018 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone.(Flores, E)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

LENDWARD ALTON MIXON, JR.,

11

Plaintiff,
ORDER SETTING SETTLEMENT
CONFERENCE ON NOVEMBER 16, 2018

12

v.

13

H. TYSON, et al.,

14

No. 1:16-cv-01868-DAD-BAM (PC)

Defendants.

DATE: November 16, 2018
TIME: 10:00 a.m.
PLACE: Courtroom 9, before the Honorable
Stanley A. Boone

15
16
17
18
19

Plaintiff Lendward Alton Mixon, Jr., is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On May 24, 2018, this matter was identified as an appropriate case for post-screening

20

Alternative Dispute Resolution (“ADR”). The matter was set for a conference before the

21

Honorable Stanley A. Boone on August 30, 2018. (Doc. No. 24.) Due to an issue with

22

transportation not at the fault of the parties, the conference was unable to proceed. The matter is

23

now ready to be rescheduled.

24

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

25

1. This case is referred to Magistrate Judge Stanley A. Boone to conduct an ADR

26

conference at the United States Courthouse in Fresno, California on November 16,

27

2018, at 10:00 a.m;

28

2. The Court will issue the necessary transportation order in due course;
1

1

3. A representative with full and unlimited authority to negotiate and enter into a binding

2
3

settlement shall attend in person;
4. Those in attendance must be prepared to discuss the claims, defenses and damages.

4

The failure or refusal of any counsel, party or authorized person subject to this order to

5

appear in person may result in the cancellation of the conference and the imposition of

6

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

7

conference is within the discretion of CDCR;

8

5. The Court has retained the confidential settlement statements submitted by the parties,

9

and no additional statement is required;

10

6. The parties are not precluded from providing an updated statement, if they prefer to

11

advise the Court of any changes in their positions. Defendants may provide an

12

updated confidential settlement statement to the following email address:

13

[e-mail]. Plaintiff may mail any updated confidential

14

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

15

93721, “Attention: Magistrate Judge Stanley A. Boone.” The envelope shall be

16

marked “Confidential Settlement Statement”. Updated settlement statements, if any,

17

must arrive no later than November 12, 2018. Updated settlement statements should

18

not be filed with the Clerk of the Court nor served on any other party. Updated

19

settlement statements shall be clearly marked Aconfidential@ with the date and time of

20

the settlement conference indicated prominently thereon. Any updated settlement

21

statement is limited to five pages.

22
23
24

IT IS SO ORDERED.
Dated:

/s/ Barbara

September 10, 2018

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

25
26
27
28
2