Parks v. Rolfing et al

Filing 170

ORDER signed by Magistrate Judge Carolyn K. Delaney on 01/11/2024 SETTING a Settlement Conference via Zoom videoconference before Magistrate Judge Stanley A. Boone on 2/12/2024 at 10:00 AM. Settlement statements due by 2/5/2024. (cc: SAB) (Spichka, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH WAYNE PARKS,

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No. 2:15-cv-1505 KJM CKD P

Plaintiff,

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v.

ORDER SETTING

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JEFFREY ROHLFING, et al.,

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Defendants.

SETTLEMENT CONFERENCE

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Plaintiff is proceeding with counsel with an action for violation of civil rights under 42

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

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Therefore, this case will be referred to Magistrate Judge Stanley A. Boone to conduct a video

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settlement conference, via the Zoom videoconferencing application, on February 12, 2024, at

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10:00 a.m. Counsel shall contact Courtroom Deputy Jan Nguyen at [phone] or

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[e-mail] for the video and dial-in information, including any necessary

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passcodes.
The Court expects that the parties will proceed with the settlement conference in good

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faith and attempt to resolve all or part of the case. If any party believes that the settlement

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conference will not be productive, that party shall so inform the court as far in advance of the

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settlement conference as possible.

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The parties shall each submit to Judge Boone a confidential settlement conference

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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

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restitution obligation, fines and/or penalties, these settlement negotiations shall not be geared

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towards what the restitution obligation is, but what the value of the case itself is to each side,

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irrespective of any outstanding restitution obligation.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The case is set for a video settlement conference, via the Zoom videoconferencing

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application, before Magistrate Judge Stanley A. Boone on February 12, 2024, at
10:00 a.m.
2. A representative with full and unlimited authority to negotiate and enter into a binding
settlement shall attend via the Zoom videoconferencing application.
3. Those in attendance must be prepared to discuss the claims, defenses and damages.

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The failure or refusal 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.

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4. Parties shall each provide a confidential settlement statement to the following email

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address: [e-mail]. Settlement statements shall arrive no later

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than February 5, 2024. Parties shall also file a Notice of Submission of Confidential

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Settlement Statement (See Local Rule 270(d)). Settlement statements should not be

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filed with the Clerk of the Court nor served on any other party. Settlement

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statements shall be clearly marked “Confidential” with the date and time of the

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settlement conference indicated prominently thereon.

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5. The confidential settlement statement shall be no longer than five pages in length,

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

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

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conference, including how much a party is willing to accept and/or willing to pay.

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f. If parties intend to discuss the joint settlement of any other actions or claims not in

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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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6. If a settlement is reached at any point during this action, the parties shall file a Notice
of Settlement in accordance with Local Rule 160.

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7. The parties remain obligated to keep the Court informed of their current address at all

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times while the action is pending. Any change of address must be reported promptly

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to the Court in a separate document captioned for this case and entitled “Notice of

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Change of Address.” See Local Rule 182(f).

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8. A failure to follow these procedures may result in the imposition of sanctions by
the court.
Dated: January 11, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/jc
park1505.med(b)

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