(PC) Brummett v. Sherman, et al.

Filing 56

ORDER SETTING Settlement Conference, signed by Magistrate Judge Helena M. Barch-Kuchta on 1/3/2025. Settlement Conference set for 2/3/2025 at 08:30 AM at CSP-Corcoran. (This order served as directed.) (Deputy Clerk CRM)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MELVIN RAY BRUMMETT JR.,

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Plaintiff,

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ORDER SETTING SETTLEMENT
CONFERENCE

v.

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E. AGUIRRE, G. BEARD, P. GARCIA, D.
LOPEZ, NKIRUKA NDU, and STUART
SHERMAN,

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Defendants.

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Case No. 1:20-cv-00622-HBK (PC)

Hearing:
Date:
Time:
Location:

Settlement Conference
February 3, 2025
8:30 a.m.
CSP-COR

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Plaintiff Melvin Ray Brummett Jr. is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. Upon further review, the Court has

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determined that this case will benefit from an in-person settlement conference.1 Therefore, this

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case will be referred to a Magistrate Judge to conduct an in-person settlement conference at the

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California State Prison, Corcoran (CSP-COR), 4001 King Avenue, Corcoran, CA 93212 on

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February 3, 2025 at 8:30 a.m. The Court will issue any necessary transportation order in due course.

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The parties shall each submit a confidential settlement conference statement, as described below, to

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arrive at least seven days prior (one week) to the conference.

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The Court previously declined to set this case for a settlement conference. (See Doc. No. 55).

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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 of the case itself is to each side, irrespective of any

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outstanding restitution obligation.

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Defendants shall be prepared to negotiate the merits of the case and offer more than a waiver

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of costs as a reasonable compromise to settle the case. The parties are also informed that an offer of

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dismissal in exchange for a waiver of costs is not considered good faith settlement negotiations.

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

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1. This case is set for an in-person settlement conference before a federal Magistrate Judge on

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February 3, 2025 at 8:30 a.m. at CSP-COR.
2. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend in person.

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3. Those in attendance must be prepared to discuss the claims, defenses and damages. The

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failure of any counsel, party or authorized person subject to this order to appear in person

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

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

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discretion of CDCR.

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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: Institution Settlement Judge for February 3, 2025.” The envelope shall be

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

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than January 27, 2025. 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 filed

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with the Clerk of the Court nor served on any other party. Settlement statements shall be
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clearly marked “confidential” with the date and time of the settlement conference indicated

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prominently thereon.

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

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6. If a settlement is reached at any time prior to the settlement conference, defense counsel is
directed to file a Notice of Settlement in accordance with Local Rule 160.

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

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while the action is pending. Any change of address must be reported promptly to the court

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in a separate document captioned for this case and entitled “Notice of Change of Address.”

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See Local Rule 182(f).

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8. A failure to follow these procedures may result in the imposition of sanctions by the
court.

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9. The Clerk of the Court is directed to serve a courtesy copy of this order on the Litigation

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Office at California State Prison, Corcoran, via facsimile at [phone] or via email.

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Dated:

January 3, 2025
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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