Tenore v. Goodgame et al

Filing 79

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/22/14 ORDERING that within fifteen days from the date of this order, the parties shall submit confidential settlement statements as set forth above; and the Clerk of the Court is directed to send a copy of this order to: ADR Division, Attention: Sujean Park. (cc ADRP)(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL TENORE, 12 Plaintiff, 13 14 No. 2:11-cv-1082 WBS CKD P v. NATHANAEL GOODGAME, et al., 15 Defendants. ORDER REQUESTING CONFIDENTIAL STATEMENTS RE: CASE SELECTION FOR PRISONER SETTLEMENT PROGRAM FIFTEEN-DAY DEADLINE 16 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this action filed 19 pursuant to 42 U.S.C. § 1983. On March 7, 2014, the district court denied defendants’ motion for 20 summary judgment as to defendants Tseng and Goodgame. Trial is set for April 21, 2015. The 21 parties have been directed to file pretrial statements. As a preliminary matter, the court will seek 22 information as to whether this action would benefit from a settlement proceeding. 23 Accordingly, the parties to this action shall each, no later than fifteen days from the date 24 of the order, submit confidential statements as described below. The confidential statements shall 25 not be served on the opposing party or filed with the court, but instead, delivered by mail, fax, e- 26 mail or personal delivery to the court’s Alternative Dispute Resolution (“ADR”) division at the 27 ///// 28 1 1 address, fax number, or e-mail address below and marked “Confidential.” Such statements shall 2 be limited to five pages and shall include the following: 3 4 5 6 7 8 1. The party’s assessment of whether the instant action is of the type that would benefit from a settlement proceeding; 2. The party’s assessment of what factors, if any, will prevent settlement of this matter prior to trial; and 3. Any additional information the court may find useful in determining whether to set this matter for a settlement conference. 9 Should the court determine this action to be appropriate for referral to the Prisoner 10 Settlement Program, the court will set this matter for a settlement conference before a magistrate 11 judge or district judge. 12 Accordingly, IT IS HEREBY ORDERED that: 13 1. Within fifteen days from the date of this order, the parties shall submit confidential 14 15 settlement statements as set forth above; and 2. The Clerk of the Court is directed to send a copy of this order to: 16 ADR Division, Attention: Sujean Park U.S. District Court 501 I Street, Suite 4-200 Sacramento, CA 95814 Fax: (916) 930-4224 email: spark@caed.uscourts.gov 17 18 19 20 Dated: April 22, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 2 / teno1082.sett 26 27 28 2

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