Harris v. Quillen et al

Filing 85

ORDER signed by Magistrate Judge Stanley A. Boone on 3/11/2021, ( Settlement Conference set for 5/27/2021 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.)(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEVONTE B. HARRIS,

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Case No. 1:17-cv-01370-DAD-SAB (PC)

Plaintiff,
v.

ORDER SETTING SETTLEMENT
CONFERENCE

T. QUILLEN, et al.,

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Defendants.

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Plaintiff Devonte B. Harris is appearing pro se and in forma pauperis in this civil rights

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action 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 Barbara A.

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McAuliffe for the court’s Settlement Week program to conduct a settlement conference on May

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27, 2021 at 9:30 a.m. In light of the coronavirus (COVID-19) outbreak and evolving coronavirus

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protocols, the court finds that the parties shall appear remotely via the Zoom videoconferencing

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application.

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Counsel for Defendants shall contact Courtroom Deputy, Esther Valdez, at (559) 499-

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5788 or [e-mail] for the video and dial-in information, including any

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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 Plaintiff

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is housed and providing the necessary Zoom contact information.

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The parties shall each submit to Judge McAuliffe 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 Barbara A.

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McAuliffe on May 27, 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.

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

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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 Barbara A. McAuliffe.” The envelope shall

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be marked “Confidential Settlement Statement.” Settlement statements shall arrive no

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later than May 20, 2021. Parties shall also file a Notice of Submission of Confidential

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

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

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Settlement statements shall be clearly marked “confidential” with the date and time of

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

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trial.

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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.

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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 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.
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 McAuliffe

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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 all

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

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

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entitled “Notice of Change of Address.” See Local Rule 182(f).
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 11, 2021
UNITED STATES MAGISTRATE JUDGE

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