Howell v. Babb, et al.

Filing 24

ORDER Regarding Confidential Settlement Statements for ADR Conference Set on February 28, 2019 18 , signed by Magistrate Judge Stanley A. Boone on 2/1/2019. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KAREEM J. HOWELL,
Plaintiff,

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v.
S. BABB, et al.,
Defendants.

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No.: 1:18-cv-00467-BAM (PC)
ORDER REGARDING CONFIDENTIAL
SETTLEMENT STATEMENTS FOR ADR
CONFERENCE SET ON FEBRUARY 28,
2019
[ECF No. 18]

Plaintiff Kareem J. Howell is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.

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On December 17, 2018, the Court identified this case as an appropriate case for post-

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screening ADR (Alternative Dispute Resolution), and referred this matter to Magistrate Judge

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Stanley A. Boone to conduct a settlement conference at the United States Courthouse in Fresno,

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California on February 28, 2019, at 10:00 a.m. (ECF No. 18.) In that order, instructions were

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given for the preparation of confidential settlement statements by the parties.

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It has come to the attention of the Court that Plaintiff currently proceeds upon multiple

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matters pending in this district. These matters include the following cases: 1:18-cv-00311-LJO-

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EPG, Howell v. Burns, et al.; 1:18-cv-00420-AWI-EPG, Howell v. Sellers, et al.; 1:18-cv-00422-

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LJO-SKO, Howell v. Douglass, et al.; 1:18-cv-00825-GSA, Howell v. Alejo, et al.; 1:18-cv-

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00879-DAD-BAM, Howell v. Flores, et al.; 1:18-cv-01109-JLT, Howell v. Porter, et al.; 1:18-cv-

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01685-JDP, Howell v. Randolph, et al.; 1:18-cv-01686-JDP, Howell v. McConnell, et al.; 1:191

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cv-00093-BAM, Howell v. Cerda, et al.; 1:19-cv-00094, Howell v. Davidson, et al.; 2:18-cv-

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00513-MCE-CKD, Howell v. Tran; and 2:18-cv-01788-DB, Howell v. Pleshchuk, et al.

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To ensure a productive conference and for the efficient use of judicial resources, the Court

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finds it necessary to obtain more information from the parties on the above-listed matters, for

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potential discussion at the ADR conference. As a result, the Court provides further instruction

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here regarding the preparation of the parties’ confidential settlement statements.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Those in attendance at the ADR settlement conference in this matter on February 28,

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2019 at 10:00 a.m. must be prepared to discuss the claims, defenses and damages in the

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instant case, and in the above-listed cases.
2. Defendants shall provide a confidential settlement statement to the following email
Defendants’ settlement statement shall

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address: [e-mail].

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arrive no later than February 21, 2019. Defendants shall also file a Notice of

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Submission of Confidential Settlement Statement. See Local Rule 270(d).

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3. Plaintiff’s settlement statement shall be mailed and received one week prior to the

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settlement conference. Plaintiff shall send his settlement conference statement to:

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United States District Court, Attention Magistrate Judge Stanley Boone, 2500 Tulare

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Street, Suite 1501, Fresno, CA 93721.

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4. Settlement statements should not be filed with the Clerk of the Court nor served on

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any other party. Settlement statements shall be clearly marked “confidential” with

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the date and time of the settlement conference indicated prominently thereon.

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5. The confidential settlement statement shall include the following information for the
instant case and for each case listed above, to the extent possible:

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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,

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and trial.
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; and

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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

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pay.
6. All other provisions of the Court’s order referring this matter for post-screening ADR,

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dated December 17, 2018, remain in effect; and

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7. 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:

February 1, 2019
UNITED STATES MAGISTRATE JUDGE

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