(PC) Suarez v. Clark

Filing 93

ORDER SETTING Settlement Conference signed by Magistrate Judge Stanley A. Boone on 5/10/2024. Settlement Conference set for 6/18/2024 at 01:00 PM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.(Xiong, J.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ALFREDO SUAREZ,

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Plaintiff,

No. 1:22-cv-00160-SAB (PC)
ORDER SETTING SETTLEMENT
CONFERENCE

v.
O. VALLADOLID, et al.,
Defendants.

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Hearing:
Date:
Time:
Judge:
Location:

Settlement Conference
June 18, 2024
1:00 P.m.
Barbara A. McAuliffe
via Zoom Videoconference

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Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant
to 42 U.S.C. § 1983.
This case is currently set for jury trial on August 6, 2024. The Court finds that this case
will benefit from a settlement conference prior to trial.

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Therefore, this case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct

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a video settlement conference, via the Zoom videoconferencing application, on June 18, 2024,

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at 1:00 p.m. The Court will issue any necessary transportation order in due course.

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Counsel for Defendants shall contact Courtroom Deputy Esther Valdez 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

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participation by providing the necessary Zoom contact information.
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The parties shall each submit to Judge McAuliffe a confidential settlement conference
statement, as described below, to arrive at least seven days (one week) prior to the conference.

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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

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the 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

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

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an offer of dismissal in exchange for a waiver of costs is not considered good faith settlement

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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 a video settlement conference, via the Zoom videoconferencing

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application, before Magistrate Judge Barbara A. McAuliffe on June 18, 2024 at 1:00

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p.m.

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2. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend via the Zoom videoconferencing application.

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

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The failure or refusal of any counsel, party or authorized person subject to this order

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to appear in person may result in the cancellation of the conference and the imposition

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of sanctions. The manner and timing of Plaintiff’s transportation to and from the

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conference is within the 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].

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settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California

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93721, “Attention: Magistrate Judge Barbara A. McAuliffe.” The envelope shall

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be marked “Confidential Settlement Statement.” Settlement statements shall arrive

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no later than June 11, 2024. Parties shall also file a Notice of Submission of

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Confidential Settlement Statement (See Local Rule 270(d)). Settlement statements
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Plaintiff shall mail his confidential

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should not be filed with the Clerk of the Court nor served on any other party.

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Settlement statements shall be clearly marked “Confidential” with the date and time

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of the settlement conference indicated prominently thereon.

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5. 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

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upon which the claims are founded; a forthright evaluation of the parties’

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likelihood of prevailing on the claims and defenses; and a description of the

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major issues in dispute.

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c. An estimate of the cost and time to be expended for further discovery, pretrial,

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and trial.
d. The party’s position on settlement, including present demands and offers and

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a 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

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pay.

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f. If parties intend to discuss the joint settlement of any other actions or claims

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not in this suit, give a brief description of each action or claim as set forth

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above, including case number(s) if applicable.

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6. If a settlement is reached at any point during the stay of this action, the parties shall

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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

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

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the court.

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IT IS SO ORDERED.
Dated:

May 10, 2024
UNITED STATES MAGISTRATE JUDGE

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