(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.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ALFREDO SUAREZ, 12 13 14 15 Plaintiff, No. 1:22-cv-00160-SAB (PC) ORDER SETTING SETTLEMENT CONFERENCE v. O. VALLADOLID, et al., Defendants. 16 Hearing: Date: Time: Judge: Location: Settlement Conference June 18, 2024 1:00 P.m. Barbara A. McAuliffe via Zoom Videoconference 17 18 19 20 21 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. 22 Therefore, this case will be referred to Magistrate Judge Barbara A. McAuliffe to conduct 23 a video settlement conference, via the Zoom videoconferencing application, on June 18, 2024, 24 at 1:00 p.m. The Court will issue any necessary transportation order in due course. 25 Counsel for Defendants shall contact Courtroom Deputy Esther Valdez at (559) 499-5788 26 or evaldez@caed.uscourts.gov for the video and dial-in information, including any necessary 27 passcodes, for all parties. Counsel for Defendants is also required to arrange for Plaintiff’s 28 participation by providing the necessary Zoom contact information. 1 1 2 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. 3 The Court puts the parties on notice that if Plaintiff has any outstanding criminal restitution 4 obligation, fines and/or penalties, these settlement negotiations shall not be geared towards what 5 the restitution obligation is, but what the value of the case itself is to each side, irrespective of any 6 outstanding restitution obligation. 7 Defendants shall be prepared to negotiate the merits of the case and offer more than a 8 waiver of costs as a reasonable compromise to settle the case. The parties are also informed that 9 an offer of dismissal in exchange for a waiver of costs is not considered good faith settlement 10 negotiations. 11 In accordance with the above, IT IS HEREBY ORDERED that: 12 1. This case is set for a video settlement conference, via the Zoom videoconferencing 13 application, before Magistrate Judge Barbara A. McAuliffe on June 18, 2024 at 1:00 14 p.m. 15 16 2. A representative with full and unlimited authority to negotiate and enter into a binding settlement shall attend via the Zoom videoconferencing application. 17 3. Those in attendance must be prepared to discuss the claims, defenses and damages. 18 The failure or refusal of any counsel, party or authorized person subject to this order 19 to appear in person may result in the cancellation of the conference and the imposition 20 of sanctions. The manner and timing of Plaintiff’s transportation to and from the 21 conference is within the discretion of CDCR. 22 4. Defendants shall provide a confidential settlement statement to the following email 23 address: bamorders@caed.uscourts.gov. 24 settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California 25 93721, “Attention: Magistrate Judge Barbara A. McAuliffe.” The envelope shall 26 be marked “Confidential Settlement Statement.” Settlement statements shall arrive 27 no later than June 11, 2024. Parties shall also file a Notice of Submission of 28 Confidential Settlement Statement (See Local Rule 270(d)). Settlement statements 2 Plaintiff shall mail his confidential 1 should not be filed with the Clerk of the Court nor served on any other party. 2 Settlement statements shall be clearly marked “Confidential” with the date and time 3 of the settlement conference indicated prominently thereon. 4 5. The confidential settlement statement shall be no longer than five pages in length, 5 typed or neatly printed, and include the following: 6 a. A brief statement of the facts of the case. 7 b. A brief statement of the claims and defenses, i.e., statutory or other grounds 8 upon which the claims are founded; a forthright evaluation of the parties’ 9 likelihood of prevailing on the claims and defenses; and a description of the 10 major issues in dispute. 11 c. An estimate of the cost and time to be expended for further discovery, pretrial, 12 and trial. d. The party’s position on settlement, including present demands and offers and 13 14 a history of past settlement discussions, offers, and demands. 15 e. A brief statement of each party’s expectations and goals for the settlement 16 conference, including how much a party is willing to accept and/or willing to 17 pay. 18 f. If parties intend to discuss the joint settlement of any other actions or claims 19 not in this suit, give a brief description of each action or claim as set forth 20 above, including case number(s) if applicable. 21 6. If a settlement is reached at any point during the stay of this action, the parties shall 22 file a Notice of Settlement in accordance with Local Rule 160. 23 7. The parties remain obligated to keep the Court informed of their current address at all 24 times during the stay and while the action is pending. Any change of address must be 25 reported promptly to the Court in a separate document captioned for this case and 26 entitled “Notice of Change of Address.” See Local Rule 182(f). 27 /// 28 /// 3 1 8. A failure to follow these procedures may result in the imposition of sanctions by 2 the court. 3 4 5 IT IS SO ORDERED. Dated: May 10, 2024 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?