Garcia v. Moreno et al

Filing 21

ORDER Setting Settlement Conference on July 16 2018 and STAYING CASE FOR NINETY DAYS, signed by Magistrate Judge Stanley A. Boone on 0/21/18. (Settlement Conference set for 7/16/2018 at 08:30 AM before Magistrate Judge Barbara A. McAuliffe at CSP-Corcoran) Case stayed: 90-Days(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LENIN GARCIA,

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Plaintiff,
v.

Case No.: 1:18-cv-00014-DAD-SAB (PC)
ORDER SETTING SETTLEMENT
CONFERENCE ON JULY 16, 2018 AND
STAYING CASE FOR NINETY DAYS

E. MORENO, et al.,
Defendants.

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Plaintiff Lenin Garcia is a state prisoner proceeding pro se in this civil rights action pursuant to

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

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As set forth in the screening order, Plaintiff has stated a potentially cognizable civil rights claim.

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Thus, the Court will stay this action until the completion of the settlement conference. Therefore, this

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case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct a settlement conference at

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the California State Prison, Corcoran (CSP-COR), 4001 King Avenue, Corcoran, CA 93212 on July

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16, 2018, at 8:30 a.m. 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 Barbara A. McAuliffe

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on July 16, 2018, at CSP-COR.
2. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend in person.
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3. Those in attendance must be prepared to discuss the claims, defenses and damages. The

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

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may result in the imposition of sanctions. In addition, the conference will not proceed and

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will be reset to another date.

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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 settlement

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

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“Attention: Magistrate Judge Barbara A. McAuliffe.” The envelope shall be marked

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“Confidential Settlement Statement”. Settlement statements shall arrive no later than July

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9, 2018. Parties shall also file a Notice of Submission of Confidential Settlement

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Statement (See Local Rule 270(d)). Settlement statements should not be filed with the

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Clerk of the Court nor served on any other party. Settlement statements shall be clearly

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marked Aconfidential@ with the date and time of the settlement conference indicated

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prominently thereon.

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5. 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
conference, including how much a party is willing to accept and/or willing to pay.

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6. This case is stayed for ninety days, pending the completion of the settlement conference.

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The case deadlines will be set following the settlement conference, if necessary.

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IT IS SO ORDERED.

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Dated:

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May 21, 2018
UNITED STATES MAGISTRATE JUDGE

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