Armentero v. Sisto et al

Filing 50

ORDER signed by Magistrate Judge Gregory G. Hollows on 03/30/12 ordering ( Settlement Conference set for 5/14/2012 at 10:00 AM at Avenal State Prison before Magistrate Judge Jennifer L. Thurston.) The clerk of the court is directed to serve a copy of this order on the litigation coordinator at Avenal State Prison at 559-386-2337. (cc: JLT) (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS LORENZO ARMENTERO,

No. CIV S-08-2790 KJM GGH P

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Plaintiff,
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ORDER SETTING SETTLEMENT
CONFERENCE BEFORE THE
HONORABLE JENNIFER L. THURSTON

vs.
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S. WILLIS,
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Date:
Time:
Location:

Defendant.

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May 14, 2012
10 a.m.
Avenal State Prison (ASP)

/

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This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Luis

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Lorenzo Armentero, a state prisoner proceeding pro se. As both parties have expressed an

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interest in negotiating a settlement, this case shall be referred to United States Magistrate Judge

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Jennifer L. Thurston to conduct a settlement conference.

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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 settlement conference before Magistrate Judge Jennifer L.

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Thurston on May 14, 2012, at 10:00 a.m. at ASP, #1 Kings Way, Avenal, California 93204;

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2. Parties shall appear at the settlement conference with full authority to negotiate

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and settle the case on any terms;

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3. At least 21 days before the settlement conference, Plaintiff SHALLsubmit to

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Defendant by mail, a written itemization of damages and a meaningful settlement demand which

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includes a brief explanation of why such a settlement is appropriate. Thereafter, no later than 14

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days before the settlement conference, Defendant SHALL respond, via fax or mail, with an

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acceptance of the offer or with a meaningful counteroffer which includes a brief explanation of

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why such a settlement is appropriate.

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4. If settlement is not achieved, each party SHALL provide a confidential

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settlement conference statement to Sujean Park, ADR Coordinator, 501 I Street, Suite 4-200,

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Sacramento, California 95814, so they arrive no later than May 4, 2012 and file a Notice of

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Submission of Confidential Settlement Conference Statement (See L.R. 270(d)); Settlement

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statements 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 of the

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settlement conference indicated prominently thereon. The confidential settlement statement shall

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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., statutory or other grounds upon

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which the claims are founded; a forthright evaluation of the parties likelihood of

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prevailing on the claims and defenses; and a description of the major issues in

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dispute.

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c

A summary of the proceedings to date.

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d

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

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trial.

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e

The relief sought.

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f

The party’s position on settlement, including present demands and offers and a

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history of past settlement discussions, offers, and demands.
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A brief statement of each party’s expectations and goals for the settlement
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conference.

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5. The Clerk of the Court is directed to serve a copy of this order on the Litigation

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Office at ASP at [phone].

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DATED: March 30, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:sp/009

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arme2790.med

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