Mixon, Jr. v. Tyson et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LENDWARD ALTON MIXON, JR.,
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Plaintiff,
ORDER SETTING SETTLEMENT
CONFERENCE ON NOVEMBER 16, 2018
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v.
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H. TYSON, et al.,
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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
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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
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Alternative Dispute Resolution (“ADR”). The matter was set for a conference before the
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Honorable Stanley A. Boone on August 30, 2018. (Doc. No. 24.) Due to an issue with
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transportation not at the fault of the parties, the conference was unable to proceed. The matter is
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now ready to be rescheduled.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. This case is referred to Magistrate Judge Stanley A. Boone to conduct an ADR
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conference at the United States Courthouse in Fresno, California on November 16,
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2018, at 10:00 a.m;
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2. The Court will issue the necessary transportation order in due course;
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3. A representative with full and unlimited authority to negotiate and enter into a binding
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settlement shall attend in person;
4. Those in attendance must be prepared to discuss the claims, defenses and damages.
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The failure or refusal of any counsel, party or authorized person subject to this order to
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appear in 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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5. The Court has retained the confidential settlement statements submitted by the parties,
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and no additional statement is required;
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6. The parties are not precluded from providing an updated statement, if they prefer to
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advise the Court of any changes in their positions. Defendants may provide an
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updated confidential settlement statement to the following email address:
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saborders@caed.uscourts.gov. Plaintiff may mail any updated confidential
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settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California,
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93721, “Attention: Magistrate Judge Stanley A. Boone.” The envelope shall be
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marked “Confidential Settlement Statement”. Updated settlement statements, if any,
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must arrive no later than November 12, 2018. Updated settlement statements should
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not be filed with the Clerk of the Court nor served on any other party. Updated
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settlement statements shall be clearly marked Aconfidential@ with the date and time of
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the settlement conference indicated prominently thereon. Any updated settlement
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statement is limited to five pages.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
September 10, 2018
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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