Richard S. Kindred v. Allenby et al

Filing 103

ORDER Setting Settlement Conference and Procedures signed by Magistrate Judge Sheila K. Oberto on 5/20/2022. The May 31, 2022 Settlement Conference and May 25, 2022 Telephonic Pre-Settlement Conference are VACATED. Telephonic Pre-Settlement Conference RESET for 9/6/2022 at 01:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Settlement Conference RESET for 9/13/2022 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD SCOTT KINDRED,

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Plaintiff,

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Case No. 1:18-cv-00554-DAD-EPG (PC)

v.

ORDER SETTING SETTLEMENT
CONFERENCE AND PROCEDURES

BRANDON PRICE, et al.,

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Defendants.

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Plaintiff Richard Scott Kindred is a civil detainee proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983.
The court previously directed the parties to participate in a settlement conference and the

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case was referred to the undersigned to conduct a settlement conference on May 31, 2022, at

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10:00 a.m. with a telephonic pre-settlement conference on May 25, 2022, at 1:30 p.m. (Docs. 96,

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97 & 99.) Recently, the Department of State Hospitals-Coalinga (DSH-Coalinga) notified

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defense counsel, who subsequently notified the Court, that Plaintiff is at an outside medical

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facility and will be unable to attend the scheduled settlement conference. The settlement

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conference, and telephonic pre-settlement conference, will therefore be vacated and reset. The

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settlement conference will be conducted by remote means, with all parties appearing by Zoom

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video conference.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The May 31, 2022 settlement conference and May 25, 2022 telephonic pre-settlement
conference are VACATED;

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2. The writ issued on May 2, 2022 is VACATED;

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3. The Court SETS a telephonic pre-settlement conference for September 6, 2022, at

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1:30 p.m., before Magistrate Judge Sheila K. Oberto to discuss whether the settlement

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conference will be productive. Defense counsel shall arrange for Plaintiff’s

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participation. The parties shall dial 1-888-557-8511 and enter access code 6208204#

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for the telephonic conference.

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4. The Court SETS a settlement conference for September 13, 2022, at 10:00 a.m.,

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before the undersigned and will be conducted over Zoom.1 Defense counsel shall

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arrange for Plaintiff’s participation. Prior to the conference, defense counsel shall

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contact Judge Oberto’s courtroom deputy via email at [e-mail]

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for the Zoom videoconference connection information. The Court will issue a writ of

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habeas corpus ad testificandum to allow for Plaintiff’s participation, as appropriate.
5. Each party or a representative with full authority to negotiate and enter into a binding

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settlement agreement shall participate in the conference. The failure of any counsel,

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party, or authorized person subject to this order to participate in the conference may

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result in the imposition of sanctions.
6. Consideration of settlement is a serious matter that requires thorough preparation prior

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to the settlement conference. Participants in the conference must be prepared to

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discuss the claims, defenses, and damages.
7. The parties shall engage in informal settlement negotiations as follows:

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No later than August 2, 2022, Plaintiff shall submit to Defendants, by mail, a written

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itemization of damages and a meaningful settlement demand, including a brief

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explanation of why such settlement is appropriate, which shall not exceed 5 pages. No

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The Court will notify the parties in advance if the settlement conference will proceed by other means.

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later than August 16, 2022, Defendants shall respond, by mail or telephone, with an

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acceptance of Plaintiff’s offer or a meaningful counteroffer, including a brief

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explanation of why such a settlement is appropriate. If settlement is achieved, the

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parties shall file a Notice of Settlement as required by Local Rule 160.

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8. If settlement is not achieved informally, the parties shall submit confidential

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settlement conference statements no later than August 30, 2022. Defendants shall

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email their statement to [e-mail]. Plaintiff shall mail his

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statement, clearly captioned “Confidential Settlement Conference Statement,” to

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United States District Court, Attn: Magistrate Judge Sheila K. Oberto, 2500 Tulare

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Street, Room 1501, Fresno, CA 93721. Once the parties have submitted their

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statements, they shall file a “Notice of Submission of Confidential Settlement

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Conference Statement” with the court. The confidential settlement conference

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statements themselves should not be filed with the court nor served on the opposing

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party.

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9. The confidential settlement conference statements should be no longer than 5 pages in

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length and include:

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a. A brief summary of the facts of the case;

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b. A brief summary of the claims and defenses of the case, i.e., the statutory,

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constitutional, or other grounds upon which the claims are founded;
c. A forthright discussion of the strengths and weaknesses of the case and an

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evaluation of the likelihood of prevailing on the claims or defenses, from the

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party’s perspective, and a description of the major issues in dispute;

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d. An estimate of the party’s expected costs and time to be expended for further
discovery, pretrial matters, and trial;

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e. A summary of past settlement discussions, including the informal settlement

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negotiations required above; a statement of the party’s current position on

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settlement, including the amount the party would offer and accept to settle (in

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specific dollar amounts); and a statement of the party’s expectations for settlement

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discussions;
f. A list of the individuals who will be attending the conference on the party’s behalf,

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including names and, if appropriate, titles; and,

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g. If a party intends to discuss the settlement of any other actions or claims not raised

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in this suit, a brief description of each action or claim, including case number(s), as

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applicable.

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10. The Clerk of the Court is directed to serve a copy of this order on the Litigation Office at
DSH-Coalinga via facsimile at [phone] or via email.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

May 20, 2022

UNITED STATES MAGISTRATE JUDGE

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