Cortinas v. Huerta et al

Filing 85

ORDER SETTING Settlement Conference ( 83 Resolved), signed by Magistrate Judge Gary S. Austin on 3/31/2021. Remote Settlement Conference set for 5/24/2021 at 09:30 AM before Magistrate Judge Stanley A. Boone. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY WILLIAM CORTINAS,

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1:17-cv-00130-AWI-GSA-PC

Plaintiff,
vs.

ORDER SETTING SETTLEMENT
CONFERENCE

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M. HUERTA, et al.,
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(Resolves ECF No. 83.)
Defendants.

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Larry William Cortinas (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The court has determined

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that this case will benefit from a settlement conference. Therefore, this case will be referred to

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Magistrate Judge Stanley A. Boone for the court’s Settlement Week program to conduct a

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settlement conference on May 24, 2021 at 9:30 a.m. In light of the coronavirus (COVID-19)

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outbreak and evolving coronavirus protocols, the court finds that the parties shall appear

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remotely via the Zoom videoconferencing application.

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Counsel for Defendants shall contact Courtroom Deputy, Mamie Hernandez, at (559)

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499-5672 or [e-mail] for the video and dial-in information, including

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any necessary passcodes, for all parties. Counsel for Defendants is also required to arrange for

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Plaintiff’s participation by contacting the Litigation Coordinator at the institution where

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Plaintiff is housed and providing the necessary Zoom contact information.

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The parties shall each submit to Judge Boone a confidential settlement conference

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statement, as described below, to arrive at least seven days prior (one week) to the conference.
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The court puts the parties on notice that if Plaintiff has any outstanding criminal

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restitution obligation, fines and/or penalties, these settlement negotiations shall not be geared

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towards what the restitution obligation is, but what the value of the case itself is to each side,

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irrespective of any outstanding restitution obligation.

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

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1. This case is set for a remote settlement conference before Magistrate Judge Stanley

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A. Boone on May 24, 2021 at 9:30 a.m.

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

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binding settlement shall attend in person.

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

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

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

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address: [e-mail]. Plaintiff shall mail his 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.” Settlement statements shall arrive no

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later than May 17, 2021. Both parties shall also file a Notice of Submission of

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Confidential Settlement Conference Statement (See Local Rule 270(d)). Settlement

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statements should not be filed with the Clerk of the Court nor served on any other

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party. Settlement statements shall be clearly marked “confidential” with the date

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and time of the settlement conference indicated prominently thereon.

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5. The confidential settlement statement shall be no longer than five pages in length,

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typed or neatly printed, and include the following:

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

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

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upon which the claims are founded; a forthright evaluation of the parties’

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likelihood of prevailing on the claims and defenses; and a description of the

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major issues in dispute.

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c. An estimate of the cost and time to be expended for further discovery, pretrial,

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and trial.
d. The party’s position on settlement, including present demands and offers and a

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history of past settlement discussions, offers, and demands.
e. A brief statement of each party’s expectations and goals for the settlement

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

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pay.

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f. If the parties intend to discuss the joint settlement of any other actions or claims

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not in this suit, give a brief description of each action or claim as set forth above,

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including case number(s) if applicable.

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6. If a settlement is reached at any time prior to the settlement conference, defense

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counsel is to immediately inform the courtroom deputy of Magistrate Judge Boone

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and file a Notice of Settlement in accordance with Local Rule 160.

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7. The parties remain obligated to keep the court informed of their current address at

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all times while the action is pending. Any change of address must be reported

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promptly to the court in a separate document captioned for this case and entitled

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“Notice of Change of Address.” See Local Rule 182(f).

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8. A failure to follow these procedures may result in the imposition of sanctions by the

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court.

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IT IS SO ORDERED.
Dated:

March 31, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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