(PC)Daley v. Pelayo et al
Filing
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ORDER Setting Settlement Conference and Settlement Conference Procedures, signed by Magistrate Judge Sheila K. Oberto on 10/23/2024. Zoom Settlement Conference set for 2/25/2025 at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Maldonado, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALCLIFF MORGAN DALEY,
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Plaintiff,
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v.
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PELAYO, et al.,
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Defendants.
Case No.: 1:20-cv-01129-JLT-GSA
ORDER SETTING SETTLEMENT
CONFERENCE AND SETTLEMENT
CONFERENCE PROCEDURES
Settlement Conference: 2/25/2025 at 10:30
a.m. via Zoom Videoconference before
Magistrate Judge Sheila K. Oberto
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Plaintiff Alcliff Morgan Daley is proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.
The Court finds it appropriate to set the matter for a settlement conference given the
procedural posture of this action.
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Accordingly, it is hereby ORDERED that:
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1. The Court SETS a telephonic pre-settlement conference for February 18, 2025, at
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4:00 p.m. Defense counsel shall contact Magistrate Judge Oberto’s courtroom deputy
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at wkusamura@caed.uscourts.gov for the phone number and access code and arrange
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for Plaintiff’s participation.
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2. A settlement conference is scheduled to occur on February 25, 2025, at 10:30 a.m.,
before the undersigned, via Zoom videoconference. Defense counsel shall arrange for
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Plaintiff’s participation. Prior to the conference, defense counsel shall contact the
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undersigned’s courtroom deputy at wkusamura@caed.uscourts.gov for the Zoom
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videoconference connection information. The Court will issue a writ of habeas corpus
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ad testificandum to allow for Plaintiff’s participation, as appropriate.
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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.
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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.
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5. The parties shall engage in informal settlement negotiations as follows:
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No later than January 14, 2025, Plaintiff shall submit to Defendants, by mail, a
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written 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.
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No later than January 24, 2025, Defendants shall respond, by mail or telephone, with
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an acceptance of Plaintiff’s offer or a meaningful counteroffer, including a brief
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explanation of why such settlement is appropriate. If settlement is achieved, the parties
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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 February 11, 2025. Defendants shall
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email their statement to skoorders@caed.uscourts.gov. 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.
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Once the parties have submitted their statements, they shall file a “Notice of
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Submission of Confidential Settlement Conference Statement” with the court. The
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confidential settlement conference statements themselves should not be filed with the
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court nor served on the opposing 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;
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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;
d. An estimate of the party’s expected costs and time to be expended for further
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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
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settlement discussions;
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f. An estimate of any restitution allocated to Plaintiff, or other financial
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obligation assigned to Plaintiff, that would affect the parties’ settlement
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discussions;
g. A list of the individuals who will be attending the conference on the party’s
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behalf, 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
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raised in this suit, a brief description of each action or claim, including case
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number(s), as applicable.
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IT IS SO ORDERED.
Dated:
/s/ Sheila K. Oberto
October 23, 2024
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UNITED STATES MAGISTRATE JUDGE
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