Larry v. Goodwin, et al.

Filing 26

ORDER setting Settlement Conference for 11/16/2018 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone signed by Magistrate Judge Gary S. Austin on 10/14/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERALD MORRIS LARRY,
Plaintiff,

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vs.
S. GOODWIN, et al.,
Defendants.

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1:17-cv-00172-DAD-GSA-PC
ORDER SETTING SETTLEMENT
CONFERENCE
Date: November 16, 2018
Time: 10:00 a.m.
Before the Honorable Judge Stanley A.
Boone, Courtroom 9

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Plaintiff Jerald Morris Larry is a prisoner proceeding pro se in a civil rights action

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pursuant to 42 U.S.C. § 1983. The Court has determined that this case will benefit from a

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settlement conference. Therefore, this case will be referred to Magistrate Judge Stanley A.

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Boone to conduct a settlement conference at the U. S. District Court, 2500 Tulare Street,

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Fresno, California, on November 16, 2018 at 10:00 a.m.

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The court will issue the necessary transportation order in due course.

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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 settlement conference before Magistrate Judge Stanley A.

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Boone to conduct a settlement conference at the U. S. District Court, 2500

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Tulare Street, Fresno, California, on November 16, 2018 at 10:00 a.m.

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2.

binding settlement shall attend in person.

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

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Those in attendance must be prepared to discuss the claims, defenses and
damages. The failure or refusal of any counsel, party or authorized person

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subject to this order to appear in person may result in the cancellation of the

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conference and the imposition of sanctions.

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Plaintiff’s transportation to and from the conference is within the discretion of

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CDCR.

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4.

The manner and timing of

Defendants shall provide a confidential settlement statement to the following

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email address:

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

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Fresno, California, 93721, “Attention: Magistrate Judge Stanley A. Boone.”

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The envelope shall be marked “Confidential Settlement Statement”. Settlement

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statements shall arrive no later than November 9, 2018. Parties shall also file a

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Notice of Submission of Confidential Settlement Statement (See Local Rule

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270(d)). Settlement statements should not be filed with the Clerk of the Court

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nor served on any other party. Settlement statements shall be clearly marked

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“Confidential” with the date and time of the settlement conference indicated

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prominently thereon.

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5.

[e-mail].

Plaintiff shall mail his

The confidential settlement statement shall be no longer than five pages in

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length, 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, and trial.
d. The party’s position on settlement, including present demands and offers and
a history of past settlement discussions, offers, and demands.
e. A brief statement of each party’s expectations and goals for the conference,
including how much a party is willing to accept and/or willing to pay.

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6.

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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7.

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If a settlement is reached at any point during the stay of this action, the parties
shall file a Notice of Settlement in accordance with Local Rule 160.

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

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IT IS SO ORDERED.
Dated:

October 14, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE