(PC) Goodlow v. Gomez

Filing 37

ORDER STAYING Case and SETTING Settlement Conference, signed by Magistrate Judge Barbara A. McAuliffe 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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IVAN GOODLOW,

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Plaintiff,

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v.

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GOMEZ,

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Defendant.

Case No. 1:23-cv-00662-BAM (PC)
ORDER STAYING CASE AND SETTING
SETTLEMENT CONFERENCE
Hearing:
Date:
Time:
Location:

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

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Plaintiff Ivan Goodlow is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. The Court has determined that this case will benefit from a

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settlement conference. Therefore, this case will be referred to a Magistrate Judge to conduct a

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settlement conference at the California State Prison, Corcoran (CSP-COR), 4001 King Avenue,

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Corcoran, CA 93212 on February 3, 2025 at 8:30 a.m. The Court will issue any necessary

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transportation order in due course.

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The parties shall each submit 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 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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Defendant shall be prepared to negotiate the merits of the case and offer more than a waiver of

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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 STAYED pending completion of the settlement conference and further order

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of the Court.
2. This case is set for an in-person settlement conference before a federal Magistrate Judge
on February 3, 2025 at 8:30 a.m. at CSP-COR.
3. A representative with full authority to negotiate and enter into a binding settlement shall

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attend in person. Those in attendance must be prepared to discuss the claims, defenses and

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

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

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

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is within the discretion of CDCR.

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4. Consideration of settlement is a serious matter that requires thorough preparation prior to

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the settlement conference. Participants in the conference must be prepared to discuss the

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claims, defenses, and damages.

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5. Defendant shall provide a confidential settlement statement to the following email address:

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[e-mail]. Plaintiff shall mail his confidential settlement statement to

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U.S. District Court, 2500 Tulare Street, Fresno, California, 93721, “Attention: Institution

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Settlement Judge for February 3, 2025.” The envelope shall be marked “Confidential

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Settlement Statement”. Settlement statements shall arrive no later than January 27, 2025.

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Parties shall also file a Notice of Submission of Confidential Settlement Statement (See

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Local Rule 270(d)). Settlement statements should not be filed with the Clerk of the Court

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nor served on any other party. Settlement statements shall be clearly marked

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“confidential” with the date and time of the settlement conference indicated prominently

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thereon.

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6. 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., the statutory, constitutional, or

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other grounds upon which the claims are founded.
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 and defenses, from the

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party’s perspective, and a description of the major issues in dispute.

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d. An estimate of the party’s expected costs and time to be expended for further
discovery, pretrial matters, and trial.
e. A summary of past settlement discussions, a statement of the party’s current

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position on settlement, including the amount the party would offer and accept to

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settle (in 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 obligation

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assigned to plaintiff, that would affect the parties’ settlement discussions.

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g. A list of the individuals who will be attending the conference on the party’s behalf,
including names and, if appropriate, titles.

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h. 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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7. 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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8. 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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9. A failure to follow these procedures may result in the imposition of sanctions by the
court.

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10. 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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IT IS SO ORDERED.
Dated:

/s/ Barbara A. McAuliffe

January 3, 2025

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UNITED STATES MAGISTRATE JUDGE

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