Hubbard v. Hougland et al

Filing 155

ORDER signed by Magistrate Judge Allison Claire on 6/2/2015 SETTING a settlement conference for 8/3/2015 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Parties shall submit confidential settlement statements no later than 7/27/2015. (cc: CKD, ADR) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRYL L. HUBBARD,

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Plaintiff,

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No. 2:09-cv-0939 TLN AC P

v.

ORDER

C.D. HOUGLAND, et al.,

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Defendants.

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Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. On May 19, 2015, this court ordered the parties to advise whether they agreed

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to the undersigned serving as the settlement judge in this case. ECF No. 153. Since defendants

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have not waived the disqualification of the undersigned (ECF No. 154), another magistrate judge

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has been randomly assigned for purposes of conducting a settlement conference. The settlement

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conference will be set to occur at the U. S. District Court, 501 I Street, Sacramento, California

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95814 in Courtroom #24 before Magistrate Judge Carolyn K. Delaney on August 3, 2015, at 9:30

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a.m.

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Accordingly, IT IS HEREBY ORDERED that:

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1. A settlement conference has been set for August 3, 2015 at 9:30 a.m. in Courtroom #24

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before Magistrate Judge Carolyn K. Delaney at the U. S. District Court, 501 I Street, Sacramento,

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California 95814.
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2. Parties are instructed to have a principal with full settlement authority present at the

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Settlement Conference or to be fully authorized to settle the matter on any terms. The individual

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with full authority to settle must also have “unfettered discretion and authority” to change the

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settlement position of the party, if appropriate. The purpose behind requiring the attendance of a

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person with full settlement authority is that the parties’ view of the case may be altered during the

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face to face conference. An authorization to settle for a limited dollar amount or sum certain can

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be found not to comply with the requirement of full authority to settle.

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3. Parties are directed to submit confidential settlement statements no later than July 27,

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2015, to [e-mail]. If plaintiff does not have access to e-mail, he shall mail

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his confidential settlement statement to Sujean Park, ADR Division, 501 I Street, Suite 4-200,

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Sacramento, California 95814 so it arrives no later than July 27, 2015. If a party desires to share

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additional confidential information with the Court, they may do so pursuant to the provisions of

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Local Rule 270(d) and (e). Parties are also directed to file a “Notice of Submission of

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Confidential Settlement Statement” (See L.R. 270(d)).

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Settlement statements should not be filed with the Clerk of the Court nor served on any

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other party. 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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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., statutory or other grounds upon

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

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the claims and defenses; and a description of the major issues in 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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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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trial.

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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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DATED: June 2, 2015

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