Richard S. Kindred v. Allenby et al

Filing 108

ORDER VACATING Telephonic Pre-Settlement Conference of September 6, 2022 and Settlement Conference of September 13, 2022; ORDER RESETTING Pre-Settlement Conference for January 3, 2023 and Settlement Conference for January 12,2023 and Settlement Confe rence Procedures, signed by Magistrate Judge Sheila K. Oberto on 9/1/2022. Pre-Settlement Conference set for 1/3/2023 at 01:30 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Settlement Conference set for 1/12/2023 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Marrujo, C)

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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,
v.

Case No. 1:18-cv-00554-ADA-EPG (PC)
ORDER VACATING TELEPHONIC PRESETTLEMENT CONFERENCE OF
SEPTEMBER 6, 2022 AND SETTLEMENT
CONFERENCE OF SEPTEMBER 13, 2022

BRANDON PRICE, et al.,
Defendants.

ORDER RESETTING PRE-SETTLEMENT
CONFERENCE FOR JANUARY 3, 2023
AND SETTLEMENT CONFERENCE FOR
JANUARY 12, 2023, AND SETTLEMENT
CONFERENCE PROCEDURES

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Plaintiff Richard Scott Kindred is a civil detainee proceeding pro se and in forma pauperis
in this civil rights action pursuant to 42 U.S.C. § 1983.
On August 31, 2022, the Court learned from counsel for Defendant Corona that Plaintiff is

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unavailable for the telephonic pre-settlement conference set for September 6, 2022, as Plaintiff

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has been transported to an outpatient medical facility for emergency medical care and Plaintiff’s

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“conditions are still developing.” (Doc. 107.) It is not known when Plaintiff will be returned to

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Coalinga State Hospital. For those same reasons, it is unlikely Plaintiff will be available for the

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settlement conference scheduled for September 13, 2022. (Id.)

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In light of Plaintiff’s unavailability, both proceedings will be vacated. The telephonic presettlement conference and settlement conference will be rescheduled as set forth below.
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Based on the foregoing, IT IS HEREBY ORDERED that:

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1. The writ issued on August 10, 2022 is VACATED;

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2. The September 6, 2022, telephonic pre-settlement conference and the September 13,

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2022, settlement conference are VACATED and will be RESET as follows:

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a. The Court RESETS a telephonic pre-settlement conference for January 3, 2023,

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

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settlement conference will be productive. Defense counsel shall arrange for

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Plaintiff’s participation. The parties shall dial 1-888-557-8511 and enter access

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code 6208204# for the telephonic conference.
b. The Court RESETS a settlement conference for January 12, 2023, at 10:00 a.m.,

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before the undersigned to 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

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[e-mail] for the Zoom videoconference connection

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information. The Court will issue a writ of habeas corpus ad testificandum to

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allow for Plaintiff’s participation, as appropriate.
3. 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.
4. 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.
5. The parties shall engage in informal settlement negotiations as follows:

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No later than October 28, 2022, Plaintiff shall submit to Defendant, by mail, a written

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

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

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later than November 17, 2022, Defendant 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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6. If settlement is not achieved informally, the parties shall submit confidential

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settlement conference statements no later than December 19, 2022. Defendant shall

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email the 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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7. 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. An estimate of any restitution allocated to Plaintiff, or other financial obligation

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assigned to Plaintiff, that would affect the parties’ settlement discussions;

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g. 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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h. 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
applicable.

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8. 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

September 1, 2022

UNITED STATES MAGISTRATE JUDGE

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