Quezada v. Sherman et al

Filing 60

ORDER Setting Remote Settlement Conference and Staying Case for 50 Days signed by Magistrate Judge Stanley A. Boone on 01/25/2022. Settlement statements shall arrive no later than February 28, 2022. Settlement Conference set for 3/7/2022 at 01:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALVARO QUEZADA,

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Plaintiff,

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v.

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AKABITE, et al.,

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Defendants.

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Case No. 1:18-cv-0797-DAD-BAK (SAB) (PC)
ORDER SETTING REMOTE SETTLEMENT
CONFERENCE AND STAYING CASE FOR
50 DAYS
Date: March 7, 2022
Time: 1:30 p.m.

Plaintiff Alvaro Quezada is appearing pro se in this civil rights action pursuant to 42 U.S.C. §

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1983.
On December 3, 2021, the Court referred this case to post-screening ADR, stayed the case for

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90 days, and directed the parties to file a notice indicating their agreement to proceed to an early

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settlement conference or their belief that settlement is not achievable at this time within forty days.

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(ECF No. 55.)

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On December 10, 2021, Plaintiff filed a notice indicating that a settlement conference would be

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productive. (ECF No. 56.) On January 10, 2022, Defendants filed a notice indicating that a settlement

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conference would be productive. (ECF No. 59.)

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Therefore, this case will be referred to Magistrate Judge Stanley A. Boone to conduct a

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settlement conference on March 7, 2022 at 1:30 p.m. In light of the coronavirus (COVID-19)

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outbreak and evolving coronavirus protocols, the Court finds that the parties shall appear remotely via

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the Zoom videoconferencing application.
Counsel for Defendants shall contact Courtroom Deputy, Victoria Gonzales, at [phone]

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or [e-mail] for the video and dial-in information, including any necessary

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passcodes, for all parties. Counsel for Defendants is also required to arrange for Plaintiff’s participation

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by contacting the Litigation Coordinator at the institution where Plaintiff is housed and providing the

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necessary Zoom contact information.

In issuing this order, there is a presumption that this case will proceed to a settlement

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conference.1 The parties shall each submit to Judge Boone a confidential settlement conference

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statement, as described below, to arrive at least seven days prior (one week) to the conference.
The Court puts the parties on notice that if Plaintiff has any outstanding criminal restitution

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obligation, fines and/or penalties, these settlement negotiations shall not be geared towards what the

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restitution obligation is, but what the value the of the case itself is to each side, irrespective of any

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outstanding restitution obligation.

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

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1.

This action is STAYED for 50 days to allow the parties an opportunity to settle their

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dispute before the discovery process begins. Except as provided herein or by

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subsequent court order, no other pleadings or other documents may be filed in this case

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during the stay of this action. The parties shall not engage in formal discovery, but may

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engage is informal discovery to prepare for the settlement conference.
2.

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This case is set for a remote settlement conference before Magistrate Judge Stanley A.
Boone on March 7, 2022, at 1:30 p.m.

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3.

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A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend in person.

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4.

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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

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If the case does not settle, the Court will then issue the Discovery and Scheduling Order.

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person may result in the cancellation of the conference and the imposition of sanctions.

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The manner and timing of Plaintiff’s transportation to and from the conference is

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within the discretion of CDCR.

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5.

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 Stanley A. Boone.” The envelope shall be marked

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

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February 28, 2022. Parties shall also file a Notice of Submission of Confidential

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

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filed with the Clerk of the Court nor served on any other party. Settlement

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statements shall be clearly marked “confidential” with the date and time of the

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settlement conference indicated prominently thereon.

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6.

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

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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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f. If the parties intend to discuss the joint settlement of any other actions or claims not

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in this suit, give a brief description of each action or claim as set forth above,

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including case number(s), if applicable.
7.

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If a settlement is reached at any point during the stay of this action, the parties shall file
a Notice of Settlement in accordance with Local Rule 160.

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8.

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The parties remain obligated to keep the court informed of their current address at all

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times during the stay and while the action is pending. Any change of address must be

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reported promptly to the court in a separate document captioned for this case and

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entitled “Notice of Change of Address.” See Local Rule 182(f).
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A failure to follow these procedures may result in the imposition of sanctions by the
court.

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IT IS SO ORDERED.
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Dated:

January 25, 2022
UNITED STATES MAGISTRATE JUDGE

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