Wiseman v. Biter et al

Filing 21

ORDER SETTING Settlement Conference on July 16, 2018 at Corcoran State Prison signed by Magistrate Judge Stanley A. Boone on 6/13/2018. Settlement Conference set for 7/16/2018 at 08:30 AM at Corcoran State Prison before Magistrate Judge Barbara A. McAuliffe. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHESTER RAY WISEMAN,

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Plaintiff,
v.

Case No.: 1:18-cv-00126-LJO-SAB (PC)
ORDER SETTING SETTLEMENT
CONFERENCE ON JULY 16, 2018 AT
CORCORAN STATE PRISON

MARTIN D. BITER, et al.,
Defendants.

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Plaintiff Chester Ray Wiseman is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. The Court has determined that this case will

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benefit from a settlement conference. Therefore, this case will be referred to Magistrate Judge

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Barbara A. McAuliffe to conduct a settlement conference at the California State Prison, Corcoran

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(CSP-COR), 4001 King Avenue, Corcoran, CA 93212 on July 16, 2018, at 8:30 a.m.

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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.
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
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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.
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.
5. The confidential settlement statement shall be no longer than five pages in length, typed

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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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6. The Clerk of the Court is directed to serve a copy of this order on the Litigation Office at

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CSP-COR via facsimile at [phone].

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IT IS SO ORDERED.

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Dated:

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June 13, 2018
UNITED STATES MAGISTRATE JUDGE

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