Garraway v. Ciufo et al

Filing 124

ORDER Setting Settlement Conference signed by Magistrate Judge Gary S. Austin on 3/12/2021. Settlement Conference set for 5/25/2021 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MITCHELL GARRAWAY,

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1:17-cv-00533-DAD-GSA-PC

Plaintiff,
ORDER SETTING SETTLEMENT
CONFERENCE

vs.
JACQUILINE CIUFO, et al.,
Defendants.

May 25, 2021 at 9:30 a.m.

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Videoconference

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Magistrate Judge Stanley A. Boone

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Mitchell Garraway (“Plaintiff”) is a federal prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388

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(1971). The court has determined that this case will benefit from a settlement conference

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between Plaintiff and Defendant Ciufo only. Therefore, this case will be referred to Magistrate

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

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conference on May 25, 2021 at 9:30 a.m. In light of the coronavirus (COVID-19) outbreak

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

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the Zoom videoconferencing application.
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Counsel for Defendant Ciufo shall contact Courtroom Deputy, Mamie Hernandez, at

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[phone] or [e-mail] for the video and dial-in information,

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including any necessary passcodes, for all parties. Counsel for Defendant Ciufo is also

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required to arrange for Plaintiff’s participation by contacting the Litigation Coordinator at the

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institution where Plaintiff is housed and providing the necessary Zoom contact information.

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Plaintiff and Defendant Ciufo shall each submit to Judge Boone a confidential

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settlement conference statement, as described below, to arrive at least seven days prior (one

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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 25, 2021 at 9:30 a.m.
2. A representative with full and unlimited authority to negotiate and enter into a
binding settlement shall attend in person.
3. Those in attendance must be prepared to discuss the claims, defenses and damages.
The failure of any counsel, party or authorized person subject to this order to appear
in person may result in the cancellation of the conference and the imposition of
sanctions. The manner and timing of Plaintiff’s transportation to and from the
conference is within the discretion of CDCR.
4. Defendant Ciufo shall provide a confidential settlement statement to the following
email address: [e-mail]. Plaintiff shall mail his confidential
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 18, 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,
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

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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 time during the stay and while the action is pending. Any change of address

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must be reported promptly to the court in a separate document captioned for this

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case and entitled “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 12, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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