(PC)Daley v. Pelayo et al

Filing 60

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALCLIFF MORGAN DALEY, 12 Plaintiff, 13 v. 14 PELAYO, et al., 15 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 16 17 18 19 20 21 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. 22 Accordingly, it is hereby ORDERED that: 23 1. The Court SETS a telephonic pre-settlement conference for February 18, 2025, at 24 4:00 p.m. Defense counsel shall contact Magistrate Judge Oberto’s courtroom deputy 25 at wkusamura@caed.uscourts.gov for the phone number and access code and arrange 26 for Plaintiff’s participation. 27 28 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 1 Plaintiff’s participation. Prior to the conference, defense counsel shall contact the 2 undersigned’s courtroom deputy at wkusamura@caed.uscourts.gov for the Zoom 3 videoconference connection information. The Court will issue a writ of habeas corpus 4 ad testificandum to allow for Plaintiff’s participation, as appropriate. 5 3. Each party or a representative with full authority to negotiate and enter into a binding 6 settlement agreement shall participate in the conference. The failure of any counsel, 7 party, or authorized person subject to this order to participate in the conference may 8 result in the imposition of sanctions. 9 4. Consideration of settlement is a serious matter that requires thorough preparation prior 10 to the settlement conference. Participants in the conference must be prepared to 11 discuss the claims, defenses, and damages. 12 5. The parties shall engage in informal settlement negotiations as follows: 13 No later than January 14, 2025, Plaintiff shall submit to Defendants, by mail, a 14 written itemization of damages and a meaningful settlement demand, including a brief 15 explanation of why such settlement is appropriate, which shall not exceed 5 pages. 16 No later than January 24, 2025, Defendants shall respond, by mail or telephone, with 17 an acceptance of Plaintiff’s offer or a meaningful counteroffer, including a brief 18 explanation of why such settlement is appropriate. If settlement is achieved, the parties 19 shall file a Notice of Settlement as required by Local Rule 160. 20 6. If settlement is not achieved informally, the parties shall submit confidential 21 settlement conference statements no later than February 11, 2025. Defendants shall 22 email their statement to skoorders@caed.uscourts.gov. Plaintiff shall mail his 23 statement, clearly captioned “Confidential Settlement Conference Statement,” to 24 United States District Court, Attn: Magistrate Judge Sheila K. Oberto, 2500 Tulare 25 Street, Room 1501, Fresno, CA 93721. 26 Once the parties have submitted their statements, they shall file a “Notice of 27 Submission of Confidential Settlement Conference Statement” with the court. The 28 confidential settlement conference statements themselves should not be filed with the 2 1 court nor served on the opposing party. 2 7. The confidential settlement conference statements should be no longer than 5 pages in 3 length and include: 4 a. A brief summary of the facts of the case; 5 b. A brief summary of the claims and defenses of the case, i.e., the statutory, 6 constitutional, or other grounds upon which the claims are founded; 7 c. A forthright discussion of the strengths and weaknesses of the case and an 8 evaluation of the likelihood of prevailing on the claims or defenses, from the 9 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 10 11 discovery, pretrial matters, and trial; 12 e. A summary of past settlement discussions, including the informal settlement 13 negotiations required above; a statement of the party’s current position on 14 settlement, including the amount the party would offer and accept to settle (in 15 specific dollar amounts); and a statement of the party’s expectations for 16 settlement discussions; 17 f. An estimate of any restitution allocated to Plaintiff, or other financial 18 obligation assigned to Plaintiff, that would affect the parties’ settlement 19 discussions; g. A list of the individuals who will be attending the conference on the party’s 20 21 behalf, including names and, if appropriate, titles; and, 22 h. If a party intends to discuss the settlement of any other actions or claims not 23 raised in this suit, a brief description of each action or claim, including case 24 number(s), as applicable. 25 26 27 28 IT IS SO ORDERED. Dated: /s/ Sheila K. Oberto October 23, 2024 . UNITED STATES MAGISTRATE JUDGE 3

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