Dickson v. Gomez et al

Filing 61

ORDER Setting Settlement Conference and ORDER STAYING CASE, signed by Magistrate Judge Barbara A. McAuliffe on 12/18/2020.((Video) Settlement Conference set for 3/4/2021 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER DICKSON,

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Plaintiff,
v.
GOMEZ, et al.,
Defendants.

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Case No. 1:17-cv-00294-DAD-BAM (PC)
ORDER SETTING SETTLEMENT
CONFERENCE AND STAYING CASE
Hearing:
Date:
Time:
Judge:
Location:

Settlement Conference
March 4, 2021
10:00 a.m.
Stanley A. Boone
via Zoom Videoconference

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Plaintiff Christopher Dickson (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against

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Defendants Gomez, Rios, and Martinez for excessive force and against Defendants Duncan and

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Esparza for violations of Plaintiff’s due process rights.

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The Court has determined that this case will benefit from a settlement conference. Therefore,

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this case will be referred to Magistrate Judge Stanley A. Boone to conduct a settlement conference on

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March 4, 2021 at 10:00 a.m. In light of the coronavirus (COVID-19) outbreak and the evolving

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coronavirus protocols, the Court finds that the parties shall appear remotely via the Zoom

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videoconferencing application.

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The parties shall each submit to Judge Boone a confidential settlement conference statement,
as described below, to arrive at least seven days (one week) prior to the conference.
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The Court puts the parties on notice that if Plaintiff has any outstanding criminal restitution

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obligation, fines and/or penalties, these settlement negotiations shall not be geared towards what the

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

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outstanding restitution obligation.

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

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1. This action is STAYED to allow the parties an opportunity to settle their dispute before the

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discovery process begins. Except as provided herein or by subsequent court order, no other

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pleadings or other documents may be filed in this case during the stay of this action. The

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parties shall not engage in formal discovery, but may engage in informal discovery to
prepare for the settlement conference.

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2. This case is set for a video settlement conference, via the Zoom videoconferencing

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application, before Magistrate Judge Stanley A. Boone on March 4, 2021, at 10:00 a.m.

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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 via the Zoom videoconferencing application.1

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

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failure or refusal 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 sanctions.

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The manner and timing of Plaintiff’s transportation to and from the conference is within the

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discretion of CDCR.
5. Defendants shall provide a confidential settlement statement to the following email

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address: [e-mail]. Plaintiff shall mail his confidential settlement

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statement to U.S. District Court, 2500 Tulare Street, Fresno, California 93721, “Attention:

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Magistrate Judge Stanley A. Boone.” The envelope shall be marked “Confidential

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Settlement Statement.” Settlement statements shall arrive no later than February 25,

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2021. Parties shall also file a Notice of Submission of Confidential Settlement Statement

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In light of the coronavirus (COVID-19) outbreak and the evolving coronavirus protocols, the Court
may issue an order at a later date requiring the parties to appear in person.
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(See Local Rule 270(d)). Settlement statements should not be filed with the Clerk of the

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Court 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 prominently

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thereon.

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

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

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prevailing on the claims and defenses; and a description of the major issues in

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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 settlement

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

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f. If parties intend to discuss the joint settlement of any other actions or claims not in

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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. 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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8. The parties remain obligated to keep the Court informed of their current address at all times

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during the stay and 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 “Notice

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

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9. Counsel for Defendants is required to arrange for Plaintiff’s participation by contacting the
Litigation Coordinator at the institution where Plaintiff is housed. Counsel shall also
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contact Courtroom Deputy, Mamie Hernandez, at [phone] or

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[e-mail] for more information on how to facilitate the conference;

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and

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10. 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:

/s/ Barbara

December 18, 2020

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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