Evans v. Sisto et al

Filing 207

ORDER signed by Magistrate Judge Allison Claire on 02/16/17 ordering this case is set for a settlement conference before a federal Magistrate Judge on 03/24/17 at CSP-Corcoran. Defendants shall provide a confidential settlement statement to the fol lowing emailaddress: [e-mail]. Plaintiff shall mail his confidential settlement statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721,Attention: Institution Settlement Judge for March 24, 2017. The e nvelope shall be marked Confidential Settlement Statement. Settlement statements shall arrive no later than March 17, 2017. Parties shall also file a Notice of Submission of Confidential Settlement Conference Statement (See Local Rule 270(d)). Settle ment statements should not be filed with the Clerk of the Court nor served on any other party. Settlement statements shall be clearly marked "confidential" with the date and time of the settlement conference indicated prominently thereon.(Plummer, M) Modified on 2/16/2017 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES EVANS,

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Plaintiff,

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v.

No. 2:09-cv-00292 TLN AC
ORDER SETTING SETTLEMENT
CONFERENCE ON MARCH 24, 2017

J. NUEHRING, et al.,

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Defendants.

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Plaintiff James Evans is appearing pro se and in forma pauperis in this civil rights action

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

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

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

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93212 on March 24, 2017, at 8:30 a.m. The Court will issue the necessary transportation order in due

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course.

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In accordance with the above, IT IS HEREBY ORDERED that:
1. This case is set for a settlement conference before a federal Magistrate Judge on March 24,
2017, at CSP-COR.
2. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend in person.
3. Those in attendance must be prepared to discuss the claims, defenses and damages. The
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failure of any counsel, party or authorized person subject to this order to appear in person

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may result in the imposition of sanctions. In addition, the conference will not proceed and

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will be reset to another date.
4. Defendants shall provide a confidential settlement statement to the following email

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address: [e-mail]. Plaintiff shall mail his confidential settlement

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statement to U.S. District Court, 2500 Tulare Street, Fresno, California, 93721,

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“Attention: Institution Settlement Judge for March 24, 2017.” The envelope shall be

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marked “Confidential Settlement Statement”. Settlement statements shall arrive no later

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than March 17, 2017. Parties shall also file a Notice of Submission of Confidential

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Settlement Conference Statement (See Local Rule 270(d)). Settlement statements should

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

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statements shall be clearly marked Aconfidential@ with the date and time of the settlement

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conference indicated prominently thereon.
5. The confidential settlement statement shall be no longer than five pages in length, typed

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

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trial.

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d. 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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e. A brief statement of each party=s expectations and goals for the settlement
conference, including how much a party is willing to accept and/or willing to pay.
DATED: February 16, 2017

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