Smith v. Hutchinson et al

Filing 63

ORDER Requiring Parties to Submit Confidential Settlement Statements; ORDER DIRECTING Clerk to Email Copy of Order to Litigation Coordinator, signed by Magistrate Judge Stanley A. Boone on 1/14/19. (Martin-Gill, S)

Download PDF
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 11 EASTERN DISTRICT OF CALIFORNIA 12 13 TOY TERRELL SMITH, Plaintiff, 14 v. 15 16 J. TORRES, et al., Defendants. 17 18 19 20 21 ) ) ) ) ) ) ) ) ) ) ) ) ) No.: 1:16-cv-01924-LJO-JDP (PC) ORDER REQUIRING PARTIES TO SUBMIT CONFIDENTIAL SETTLEMENT STATEMENTS ORDER DIRECTING CLERK TO EMAIL COPY OF ORDER TO LITIGATION COORDINATOR Plaintiff Toy Terrell Smith is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 22 This case is currently set before Magistrate Judge Stanley A. Boone to conduct a settlement 23 conference at the California State Prison, Corcoran (CSP-COR), 4001 King Avenue, Corcoran, 24 CA 93212 on January 18, 2019, at 8:30 a.m. 25 In preparation for the conference, the parties shall each submit to Judge Boone a 26 confidential settlement conference statement, as described below. 27 /// 28 /// 1 1 According, IT IS HEREBY ORDERED that: 2 1. 3 Plaintiff shall submit a confidential settlement statement in person to Judge Boone at the time that the settlement conference commences. 4 2. Defendants shall provide a confidential settlement statement on or before January 5 17, 2018, at 3:30 p.m. Defendants shall submit the statement to the following email address: 6 7 3. Settlement statements should not be filed with the Clerk of the Court nor served 8 on any other party. Settlement statements shall be clearly marked “confidential” with the date 9 and time of the settlement conference indicated prominently thereon. 10 11 4. The confidential settlement statement shall be no longer than five pages in length, typed or neatly printed, and include the following: 12 a. A brief statement of the facts of the case. 13 b. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 14 which the claims are founded; a forthright evaluation of the parties’ likelihood of 15 prevailing on the claims and defenses; and a description of the major issues in 16 dispute. 17 c. An estimate of the cost and time to be expended for further discovery, pretrial, and 18 trial. d. The party’s position on settlement, including present demands and offers and a 19 20 history of past settlement discussions, offers, and demands. 21 e. A brief statement of each party’s expectations and goals for the settlement 22 conference, including how much a party is willing to accept and/or willing to pay. 23 f. If the parties intend to discuss the joint settlement of any other actions or claims not 24 in this suit, give a brief description of each action or claim as set forth above, 25 including case number(s), if applicable. 26 4. The Clerk of the Court is directed to serve a copy of this order on the Litigation 27 Coordinator at California Substance Abuse Treatment Facility and Prison (“CSATF”) via email; 28 and 2 1 2 5. The Litigation Coordinator is respectfully requested to deliver the emailed copy of this order to Plaintiff Toy Terrell Smith, CDCR# D-992679, as soon as practicable. 3 4 5 IT IS SO ORDERED. Dated: January 14, 2019 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?